Wilson Amwayi Boge (suing through as administrator of the estate of the late Johnson Elavis Boge) v Priscillah Sulwe & 2 others [2018] KEELC 3223 (KLR)
- Court
- Environment & Land Court
- Case number
- 3223
- Citation
- [2018] KEELC 3223 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for InjunctionCoramN.A. MATHEKA
Holding
The application is dismissed with costs as the plaintiff has not shown a prima facie case and the defendants are utilizing the property.
Facts
The deceased, Johnson Elavisa Boge, left behind a property in Lumakanda Market, which was not distributed among his beneficiaries. The plaintiff, Wilson Amwayi Boge, is the administrator of the deceased's estate and seeks an injunction to prevent the defendants from selling or dealing with the property.
Issues
- Whether the plaintiff has a prima facie case to warrant an injunction
- Whether the defendants are entitled to the property as wives of the deceased's sons
Reasoning
The court finds that the plaintiff has not shown a probability of success and that the defendants are in lawful possession of the property.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21 Laws of Kenya
- Order 50 Rule 1 & 2, Order 40 Rule 1
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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