Purity Wangari Muthee v Clement Kamweru Kariuki & another [2018] KEELC 2404 (KLR)
- Court
- Environment & Land Court
- Case number
- 2404
- Citation
- [2018] KEELC 2404 (KLR)
- Decided
- 21 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial decisionCoramM.A Odeny
Holding
The court finds that the plaintiff has failed to establish a prima facie case against the defendant and dismisses the application with no orders as to costs.
Facts
The plaintiff/applicant, Purity Wangari Muthee, sought a temporary injunction against the 1st and 2nd respondents, Clement Kamweru Kariuki and David Letting, to prevent them from building on the suit land.
Issues
- Whether the plaintiff has met the threshold for grant of temporary injunctions.
- Whether the plaintiff is the owner of the suit land and will suffer irreparable loss if the injunction is not granted.
Reasoning
The plaintiff's evidence does not show a link of ownership of the suit land and she is not in occupation of the land.
Outcome
Appeal dismissed
Orders
- Restraining the 1st and 2nd respondents from building on the applicant's parcel of land pending the hearing and determination of the application inter partes.
- Costs of the application to be provided for.
Remedies
- Restraining the 1st and 2nd respondents from building on the applicant's parcel of land
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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