Simon Ndaba v Nairobi City County & another [2018] KEELC 2733 (KLR)
- Court
- Environment & Land Court
- Case number
- 2733
- Citation
- [2018] KEELC 2733 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPosturePlaintiff seeks a temporary injunction to restrain the 1st and 2nd defendants from revoking an allotment and blocking access to the suit property.CoramS. OKONG’O
Holding
The plaintiff's claim is dismissed with costs to the defendants.
Facts
The plaintiff claims a Temporary Occupation Licence (TOL) from 1995, transferred to him in 1999, allowing him to operate a business on the suit property. The 2nd defendant claims ownership of the property and argues the plaintiff's occupation is not a security risk.
Issues
- Whether the plaintiff has a legal or equitable right over the suit property
- Whether the plaintiff would suffer irreparable harm if the injunction is not granted
Reasoning
The court is not satisfied that the plaintiff has established a prima facie case against the defendants. The plaintiff has not demonstrated a legal or equitable right over the road reserve and has not shown irreparable harm.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- Giella v Cassman Brown (1973) E.A 358
- Mrao Ltd v First American Bank of Kenya Ltd & 2 Others[2003]KLR125
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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