Sayyed Ismail Kadiri v Mwanasha Salim Hamad & 2 others [2019] KEELC 4278 (KLR)
- Court
- Environment & Land Court
- Case number
- 4278
- Citation
- [2019] KEELC 4278 (KLR)
Summary at a glance
TypeCivilPostureApplication for injunction dismissedCoramA. OMOLLO
The application is dismissed with costs to the 1st & 2nd Respondents
Facts
The plaintiff, Sayyed Ismail Kadiri, sought an injunction against the 2nd Respondent, Mwanasha Salim Hamad, and his agents to prevent him from dealing with the land at Kwale/Majoreni/1502. The 1st Respondent, Mwanasha Salim Hamad, had obtained registration of the land in his name using a Court Order from Kadhi’s Court Succession Cause No 108 of 2015.
Issues
- Whether the injunction should be issued to restrain the 2nd Respondent from dealing with the land
- Whether the removal of the caution was irregular and should be restored
Reasoning
The court found no basis for the injunction as the 1st Respondent was a duly appointed legal representative and the removal of the caution was not irregular. The applicant did not demonstrate a prima facie case or irreparable loss.
Outcome
Dismissed
⚠ 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.
Loading judgment…