Simon William Njumwa v Samuel Karisa Kahindi [2018] KEELC 4159 (KLR)
- Court
- Environment & Land Court
- Case number
- 4159
- Citation
- [2018] KEELC 4159 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary InjunctionCoramL. KOMINGOI
Holding
The Plaintiff has demonstrated a prima facie case and the court grants the Plaintiff’s application to reserve the land from interference pending the main suit.
Facts
The Plaintiff claims he purchased a 3.0 acre plot from the Defendant in 2005 for Kshs.57,000/=, but the Defendant later sold it to a third party. The Plaintiff alleges interference with his land.
Issues
- Whether the Plaintiff’s case has satisfied the conditions for grant of temporary injunctions.
- Who should bear costs?
Reasoning
The court found that the Plaintiff has a prima facie case and that the Defendant sold the land to a third party, denying the Plaintiff quiet possession. The court preserves the land pending the main suit.
Outcome
Grant of Temporary Injunction
Orders
- Reserving the parcel of land measuring 3.0 acres situated within Gotani Trading Centre, Kaloleni District from interference by any member of the public pending the hearing and determination of the suit.
- Costs of the application do abide the outcome of the main suit.
Remedies
- Preservation of the land pending the main suit.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Giella –versus- Cassman Brown And Company Limited (1973) EA 358
- Mrao Limited –versus- First American Bank Limited And 2 Others (2003) eKLR
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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