Tutayo Ene Leeyio Lenkolo v Stephen Nakuo & 5 others [2018] KEELC 2839 (KLR)
- Court
- Environment & Land Court
- Case number
- 2839
- Citation
- [2018] KEELC 2839 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramCHRISTINE OCHIENG
Holding
The Plaintiff has established a prima facie case and will suffer irreparable harm that cannot be adequately compensated by damages.
Facts
The Plaintiff, Tutayo Ene Leeyio Lenkolo, claims to be the registered proprietor of land parcel KAJIADO/KAPUTIEI NORTH/23550 (the 'suit land'). The 1st to 4th Defendants and other strangers have encroached on the suit land and put up structures thereon.
Issues
- Whether the Plaintiff should be granted injunctive orders pending the outcome of the suit.
- Whether the Plaintiff has established a prima facie case with a probability of success.
Reasoning
The Plaintiff is the registered proprietor of the suit land. The Defendants have encroached on the land and the Plaintiff claims they have brought in squatters, which she is apprehensive will interfere with her rights over the suit land.
Outcome
The Plaintiff's application for injunctive orders is granted.
Orders
- Parties are urged to comply with Order 11 and set the suit down for hearing as soon as possible.
Remedies
- Injunctive orders against the Defendants pending the outcome of the suit.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
Cases cited (3)
- Giella Vs Casman Brown (1973) E.A 358
- MRAO VS FIRST AMERICAN BANK OF KENYA LTD & TWO OTHERS C.A CIVIL APPEAL No. 39 of 2002 (2003) K.L.R 125
- Nguruman Ltd. Vs. Jan Bonde Nielsen CA No. 77 of 2012
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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