Safari Rophus Kaingu & another v Abdalla Mwabudzuma [2018] KEELC 4437 (KLR)
- Court
- Environment & Land Court
- Case number
- 4437
- Citation
- [2018] KEELC 4437 (KLR)
- Decided
- 22 February 2018
The notice of Motion is dismissed. The Plaintiffs have not established a prima facie case with a probability of success to warrant the Injunction orders sought.
Facts
The Plaintiffs claim to be the legal and beneficial owners of a piece of land in Majaoni Utange, which they inherited from their father. The Defendant, who had no land, was given a portion of the land to settle and paid Kshs.60,000. He later surrendered the land and was refunded Kshs.93,050. The Plaintiffs allege that the Defendant is now encroaching and building structures on the land.
Issues
- Whether the Plaintiffs have a prima facie case with a probability of success to warrant the Injunction orders sought.
- Whether the Plaintiffs have shown irreparable injury they will suffer in the event the Injunction is not granted.
Reasoning
The Defendant was given possession of the land by the Plaintiffs and entered the land with their permission. The Plaintiffs have not shown irreparable injury they will suffer in the event the Injunction is not granted.
Outcome
The notice of Motion is dismissed.
Orders
- The Plaintiffs’ application is dismissed.
- The Plaintiffs and the Defendant are to bear their own costs.
Remedies
- None
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Giella –v- Cassman Brown & Co Ltd (1973) EA 358
- Locabail International. Finance Ltd –v- Agro Export & Another (1986)1 AL ER 90
Loading judgment…