Rashid Odede Barasa v Peter Barasa & 2 others [2018] KEELC 2505 (KLR)
- Court
- Environment & Land Court
- Case number
- 2505
- Citation
- [2018] KEELC 2505 (KLR)
- Decided
- 17 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureInterlocutory Application for Restraining OrdersCoramA. K. KANIARU
Holding
The application is dismissed with costs to the Defendants.
Facts
Rashid Odede Barasa claims that Peter Barasa, Hillary Wanyonyi Namulundu, and Grace Wanyonyi have invaded his land (L.R. No. SOUTH TESO/ANGOROMO/4323) and are using it without his consent. The Defendants purchased a portion of the land and are in occupation of it.
Issues
- Whether the Plaintiff has established a prima facie case for temporary restraining orders.
- Whether the Plaintiff is likely to suffer irreparable loss.
- Whether the Defendants are capable of dealing with the Plaintiff's land as feared and alleged by the Plaintiff.
Reasoning
The Plaintiff has not shown that the Defendants are capable of dealing with the Plaintiff's land as feared and alleged. The Defendants are not title holders and thus not capable of executing the actions sought by the Plaintiff.
Outcome
Dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act (cap 21)
- Order 40 Rules 1, 2 and 3 of the Civil Procedure Rules
- Articles 40, 64 and 159 of the Constitution of Kenya, 2010
Cases cited (1)
- GIELLA vs CASSMAN BROWN LIMITED [1973] EA 358
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.
Loading judgment…