Vincent Mborogo Wainaina & another v Ol Kejuado County Council &another; [2018] KEELC 4230 (KLR)
- Court
- Environment & Land Court
- Case number
- 4230
- Citation
- [2018] KEELC 4230 (KLR)
The Court finds that the Plaintiffs have established a prima facie case with a probability of success and that they will suffer irreparable harm.
Facts
Vincent Mborogo Wainaina and Mary Nyokabi Mborogo are registered owners of land parcels Kajiado/Kitengela/19543-19547. Ol Kejuado County Council and Land Surveyor Ol Kejuado County Council are alleged to have cut a barbed wire fence, uprooted trees, and held meetings to illegally subdivide the land.
Issues
- Whether the Plaintiffs are entitled to injunctive orders pending the outcome of the suit.
- Whether the Plaintiffs will suffer irreparable harm that cannot be adequately compensated by damages.
Reasoning
The Plaintiffs are registered proprietors of the land and have provided title deeds. The Defendants have not provided a Certificate of title. The Court finds that the Plaintiffs' injuries are not speculative and cannot be adequately compensated by damages.
Outcome
The Court grants the Plaintiffs' application for injunctive orders pending the outcome of the suit.
Orders
- Injunctive orders pending the outcome of the suit.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Land Registration Act
- Civil Procedure Act
Cases cited (3)
- Giella vs. Cassman Brown & Co. Ltd
- Ahmed Ibrahim Suleiman and Another vs. Noor Khamisi Surur
- Nguruman Ltd. vs. Jan Bonde Nielsen
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