Peter Onsongo Ogeto v Shem Osiago Morumbwa & another [2018] KEELC 2534 (KLR)
- Court
- Environment & Land Court
- Case number
- 2534
- Citation
- [2018] KEELC 2534 (KLR)
- Decided
- 20 June 2018
Summary at a glance
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramD. O. OHUNGO
The application for an interlocutory injunction is dismissed with costs to the defendants.
Facts
The plaintiff purchased a parcel of land from the defendant, but the defendant did not transfer the land and instead charged it in favor of a third party. The plaintiff seeks an injunction to prevent the defendant from evicting or interfering with his use of the land.
Issues
- Whether the plaintiff has a prima facie case for an injunction.
- Whether damages would be an adequate remedy for the plaintiff.
Reasoning
The court finds that the plaintiff has a prima facie case but that damages would be an adequate remedy, and that the balance of convenience tilts in favor of the defendant's rights under the charge document.
Outcome
Application dismissed
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