Samwel Odhiambo Oludhe & 2 others v Benken Enterprises Limited & another [2019] KEELC 1610 (KLR)
- Court
- Environment & Land Court
- Case number
- 1610
- Citation
- [2019] KEELC 1610 (KLR)
Summary at a glance
TypeLand DisputePostureInterlocutory Injunction ApplicationsCorampresiding judge
The court finds the plaintiffs have demonstrated a prima facie case and that damages are not an adequate remedy.
Facts
The plaintiffs claim the suit property belongs to the estate of the deceased Jackson Oludhe Aloo, while the defendant claims ownership based on a 1996 sale agreement and other documents. The plaintiffs allege the defendant's documents are fraudulent and not registered by the Lands Registry.
Issues
- Ownership of the suit property
- Validity of the defendant's title documents
Reasoning
The court is satisfied the plaintiffs have prima facie evidence the property belongs to the deceased and that the defendant's documents are fraudulent and not registered by the Lands Registry.
Outcome
The court grants the plaintiffs' application for an interlocutory injunction.
Orders
- Interlocutory injunction restraining the defendant from dealing with or interfering with the plaintiffs' quiet possession of the suit property
Remedies
- Interlocutory injunction
Authorities cited
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