Menelik House Limited v John Mbugua [2018] KEELC 374 (KLR)
- Court
- Environment & Land Court
- Case number
- 374
- Citation
- [2018] KEELC 374 (KLR)
- Decided
- 18 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramL. KOMINGOI
Holding
The court grants the temporary injunction to protect the plaintiff/applicant's interest as the registered proprietor of the suit property.
Facts
The plaintiff/applicant claims to have purchased the suit property for Kshs 4,500,000, while the defendant/respondent claims to have purchased it for Kshs 15,000,000. The plaintiff/applicant is a tenant in the suit property.
Issues
- Whether the plaintiff’s/applicant’s application meets the threshold for grant of temporary injunction.
- Who should bear costs?
Reasoning
The court finds that the plaintiff/applicant has established a prima facie case with a probability of success at the trial and will suffer irreparable loss if the injunction is not granted.
Outcome
The application is granted.
Orders
- That an order of temporary injunction do hereby issue restraining the defendant either by himself, his servants, employees, agents and/or any other persons working under his instructions from threatening, interfering and/or any way interfering with the tenants' quiet enjoyment of possession in the suit property being LR No 1/580 Nairobi, along Ngong Road Nairobi, pending the hearing and determination of this suit.
- That costs of this application do abide the outcome of the main suit.
Remedies
- Temporary injunction
Authorities cited
Legislation (3)
- Land Registration Act, 2012
- Civil Procedure Act, Cap 21, Laws of Kenya
- Civil Procedure Rules, 2010
Cases cited (5)
- Giella vs Cassman Brown & Company Limited [1973] EA 358
- Mrao Limited vs First American Bank of Kenya Limited & 2 Others [2003] KLR 125
- Njenga vs Njenga [1991] KLR 401
- Kenleb Cons Limited vs New Gatitu Service Station Limited & Another [1990] KLR 557
- Oloo vs Barclays Bank of Kenya Limited [2002] KLR 394
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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