Loice Stella Okaya Omole v Basil Washington Achieng’a & another [2018] KEELC 3365 (KLR)
- Court
- Environment & Land Court
- Case number
- 3365
- Citation
- [2018] KEELC 3365 (KLR)
- Decided
- 16 May 2018
The Plaintiff's notice of motion is dismissed with costs as she has failed to establish a prima facie case upon which an injunction order could issue at this interlocutory stage.
Facts
The Plaintiff, Loice Stella Okaya Omole, sought an interlocutory injunction against the 1st Defendant, Basil Washington Achieng’a, and the County Government of Kisumu, claiming that the 1st Defendant had interfered with her plot No. 9341/19 at Maseno Market and was blocking her entrance to or commencing construction on the plot.
Issues
- Whether the Plaintiff has established a prima facie case with possibility of success for an injunction order at this stage.
- Who pays the costs.
Reasoning
The Court found that the Plaintiff and the 1st Defendant obtained their plots from the 2nd Defendant, and there is no evidence to confirm how the plots are related on their ground positions. The Plaintiff has not shown that the 1st Defendant's plot was initially part of the plot allotted to her.
Outcome
Dismissed
Orders
- The Plaintiff's notice of motion is dismissed with costs.
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