Julius Kyalo Musyoki v Joseph Musau Musyoki & 2 others [2018] KEELC 3576 (KLR)
- Court
- Environment & Land Court
- Case number
- 3576
- Citation
- [2018] KEELC 3576 (KLR)
- Decided
- 1 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from an original trial judgmentCoramMBOGO C.G
Holding
The court allows the application and grants an injunction.
Facts
The plaintiff, Julius Kyalo Musyoki, sought an order from the court to seek consent from the land control board to either subdivide or transfer the suit property. The respondents, Joseph Musau Musyoki and Rose Ndukhu Kiliavi, filed objections during the demarcation, surveying, and registration exercise.
Issues
- Whether the applicant has a prima facie case with probability of success.
- Whether the applicant will suffer irreparable injury if the order for injunction is not granted.
Reasoning
The court finds that the applicant has a prima facie case and that he will suffer irreparable injury if the order for injunction is not granted. The balance of convenience tilts in favor of the applicant.
Outcome
The application is allowed.
Orders
- An injunction is granted to the applicant to seek consent from the land control board to either subdivide or transfer the suit property.
Remedies
- Injunction
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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