Paul Pkemoi Kide v Philip Kimutai Kibor & 2 others [2018] KEELC 600 (KLR)
- Court
- Environment & Land Court
- Case number
- 600
- Citation
- [2018] KEELC 600 (KLR)
- Decided
- 15 November 2018
Summary at a glance
TypeLand DisputePostureApplication for Interim Injunction and CostsCoramMWANGI NJOROGE
The court grants an interim injunction restraining the third defendant from dealing with the land in subdivisions LR 6125/11, LR 6125/12, LR 6125/13, LR 6125/14, LR 6125/15, and LR 6125/16, pending the main suit.
Facts
The plaintiff claims to have purchased 50 acres of land from the defendant, but alleges that the defendant fraudulently sold the land and transferred it to a third party without excising the plaintiff's portion. The plaintiff has been residing on the land since 2007.
Issues
- Validity of the sale and transfer of the land
- Interim injunction to prevent further alienation of the land
Reasoning
The plaintiff has established a prima facie case and may suffer irreparable damage if the injunction is not granted. The land has been subdivided, and the court issues an injunction covering all subdivisions.
Outcome
Grant of Interim Injunction
Orders
- Interim injunction restraining the third defendant from dealing with the land in subdivisions LR 6125/11, LR 6125/12, LR 6125/13, LR 6125/14, LR 6125/15, and LR 6125/16
Remedies
- Costs of the application shall be in the cause
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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