Phoebe Muga Asiyo (Holder of power of Attorney donated by Juni Awiti Asiyo) v Jacob Nyakwa Ojwang & 2 others [2018] KEELC 3024 (KLR)
- Court
- Environment & Land Court
- Case number
- 3024
- Citation
- [2018] KEELC 3024 (KLR)
- Decided
- 30 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureApplication for Temporary Injunction GrantedCoramS.M. KIBUN, S.M. KIBUN
Holding
The application is granted, and the Defendants are restrained from interfering with the Plaintiff's land pending the hearing and determination of the suit.
Facts
The Plaintiff seeks a temporary injunction to prevent the Defendants from trespassing, wasting, constructing on, alienating or otherwise interfering with the Plaintiff's land.
Issues
- Whether the Plaintiff has established a prima facie case for temporary injunction
- Who pays the costs of the application
Reasoning
The Court considered the grounds on the notice of motion, affidavit evidence, and written submissions, and concluded that the Plaintiff has established a prima facie case.
Outcome
Application granted
Orders
- Interim injunction order granted
Remedies
- Temporary injunction to prevent interference with the Plaintiff's 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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