William Arusei v Shem LAGAT [2018] KEELC 4469 (KLR)
- Court
- Environment & Land Court
- Case number
- 4469
- Citation
- [2018] KEELC 4469 (KLR)
Summary at a glance
TypeBoundary DisputePostureTemporary Injunction ApplicationCoramA. OMBWAYO
The court finds that the Plaintiff has not demonstrated irreparable injury and thus does not grant the temporary injunction.
Facts
The Plaintiff, William Arusei, claims to be the lawful owner of plot No. 52 of Lessos Trading Center, which he bought in 1975 and occupied in 1976. The Defendant, Shem Lagat, has encroached onto and erected structures on part of the Plaintiff's land without permission.
Issues
- Whether the Plaintiff has a prima facie case for a temporary injunction.
- Whether the balance of convenience favors the Plaintiff in granting the injunction.
Reasoning
The court must consider whether the balance of convenience is in favor of the Plaintiff. The Defendant is in occupation of the disputed area, and the balance of probabilities tilts towards maintaining the status quo until the suit is heard and determined.
Outcome
The application for a temporary injunction is denied.
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