Samuel M’imangi M’laaru v Martin Murithi Maingi & another [2018] KEELC 4744 (KLR)
- Court
- Environment & Land Court
- Case number
- 4744
- Citation
- [2018] KEELC 4744 (KLR)
- Decided
- 16 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication granted under a Certificate of UrgencyCoramHON. L. N. MBUGUA, ELC JUDGE
Holding
The orders granted on 19:12:17 are extended until 07:03:18
Facts
The plaintiff filed an application for an order restraining the 2nd Defendant from alienating, subdividing, selling, mortgaging, or dealing with the properties. The 1st Defendant transferred the property to himself 3 weeks after a similar order was made in Nairobi.
Issues
- Contradiction between the current order and a ruling by the High Court in Nairobi
- Alienation of the properties
Reasoning
The court cannot find a contradiction as the ruling in Nairobi is directed to the family and not specifically to the 2nd Defendant, while the current order is directed to the 2nd Defendant to ensure the land is not alienated.
Outcome
The application is granted with the orders extended
Orders
- Extension of the orders granted on 19:12:17 until 07:03:18
Authorities cited
Legislation (1)
- Civil Procedure Act
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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