Shadrack Ongaro Osoro Holding specific power of Attorney suing on behalf of Pius Matunda Ongaga & another v John Mwangi & another [2018] KEELC 3731 (KLR)
- Court
- Environment & Land Court
- Case number
- 3731
- Citation
- [2018] KEELC 3731 (KLR)
The court orders that the status quo be maintained until hearing and determination of the case. The first defendant/ respondent is in possession of the property. The respondents should not take any steps towards the registration of the suit property in their name pending hearing and determination of the suit.
Facts
Shadrack Ongaro Osoro, on behalf of Pius Matunda Ongaga and Christine Memba Ongondo, filed a Notice of Motion seeking an injunction and order of inhibition. Pius Matunda Ongaga and Christine Memba Ongondo purchased a property known as Plot No S 112 from Tabitha Wanjiru Njau. John Mwangi built a house on the property after paying Kshs.1,300,000.
Issues
- Whether to grant an injunction to stop construction on the suit property
- Whether to grant an order of inhibition
Reasoning
The application for injunction was overtaken by events, and there are serious conflicts of facts. The best order is to maintain the status quo until the dispute is heard at the trial.
Outcome
The application for injunction and order of inhibition was denied.
Orders
- Order of maintenance of status quo until hearing and determination of the case
- First defendant/ respondent is in possession of the property
- Respondents should not take any steps towards the registration of the suit property in their name pending hearing and determination of the suit
Remedies
- Costs of this application shall be costs in the suit
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