Zephania Gicheha Waweru & another v Sahal Ahmed Dahir & another [2019] KEELC 3285 (KLR)
- Court
- Environment & Land Court
- Case number
- 3285
- Citation
- [2019] KEELC 3285 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order dismissing an application for an injunctionCoramC.K. YANO
Holding
The Application dated 7th February 2018 lacks merit and is hereby dismissed with costs to the 1st Defendant.
Facts
The 1st Plaintiff sold the suit property to the 1st Defendant, who took possession upon paying the full purchase price. There is no case pending between the 1st Plaintiff and the 1st Defendant.
Issues
- Whether the 1st Plaintiff has shown a prima facie case with a probability of success at the trial.
- Whether the 1st Plaintiff is entitled to an injunction.
Reasoning
The court found that there is no case pending between the 1st Plaintiff and the 1st Defendant, and thus the 1st Plaintiff cannot establish a prima facie case with a probability of success.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs to the 1st Defendant.
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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