Sabuna Wanyonyi Isack & 5 others v County Government of Trans-Nzoia [2018] KEELC 4108 (KLR)
- Court
- Environment & Land Court
- Case number
- 4108
- Citation
- [2018] KEELC 4108 (KLR)
- Decided
- 28 February 2018
The application has merit, and a temporary injunction is issued restraining the defendant from trespassing upon, evicting the occupants of the subject plots pending the hearing and determination of the suit.
Facts
The plaintiffs claim to be lawful allottees of unsurveyed residential plots in Kitale Municipality, Trans-Nzoia County, and allege that the defendant, County Government of Trans-Nzoia, has trespassed upon, demolished structures on, or evicted the occupants of the plots. The plaintiffs have provided letters of allotment and receipts for property rates payments.
Issues
- Whether the plaintiffs have established a prima facie case for a temporary injunction.
- Whether the balance of convenience tilts in favor of the defendant.
Reasoning
The court finds that the plaintiffs have not established a prima facie case with a probability of success, but the balance of convenience tilts in favor of the plaintiffs due to the plaintiffs' claim of lawful allotment and the defendant's failure to file a replying affidavit.
Outcome
Temporary injunction granted
Orders
- Temporary injunction restraining the defendant from trespassing upon, evicting the occupants of the subject plots
Remedies
- Costs of the application shall be in the cause
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