SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Purity Wanjiku Nderitu & another v Humprey Wang’ombe Kahariri & another [2018] KEELC 4337 (KLR)

[2018] KEELC 4337 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
4337
Citation
[2018] KEELC 4337 (KLR)
Decided
28 February 2018
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous order dismissing the suit for want of prosecution, and seeking to reinstate the injunction order and order for entry into the landCoramB.N. OLAO
Holding

The court reinstated the injunction order and ordered the plaintiffs to enter the land within six months or the order shall lapse.

Facts

The plaintiffs sought an injunction to prevent the 2nd defendant and his relatives from interfering with the land parcel No. KIINE/SAGANA/3721. The suit was dismissed for want of prosecution but later reinstated. The plaintiffs now seek to reinstate the injunction order and order for entry into the land.

Issues

  1. Restoration of the injunction order
  2. Entry into the land

Reasoning

The court found that the plaintiffs were in possession of the land at the time of the injunction and that the suit should be heard and determined within six months.

Outcome

The court reinstated the injunction order and ordered the plaintiffs to enter the land within six months.

Orders

  • Reinstatement of the injunction order
  • Order for the plaintiffs to enter the land within six months

Remedies

  • Restoration of the injunction order
  • Entry into the land

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case