Shomari Mangale Hamisi v Mwajuma Shomari Sombo & 4 others [2019] KEELC 4746 (KLR)
- Court
- Environment & Land Court
- Case number
- 4746
- Citation
- [2019] KEELC 4746 (KLR)
Summary at a glance
TypeCivilPostureNotice of Motion for Mandatory InjunctionCoramC. YANO
The plaintiff's Notice of Motion lacks merit and is hereby dismissed with costs to the respondents.
Facts
The plaintiff, Shomari Mangale Hamisi, is the landlord of a room on PLOT NO.2010/IV/MN. The room was previously occupied by a tenant named John Masha Upendo who died. The plaintiff locked the room with a padlock after the deceased's remains were removed for burial. The 1st and 3rd defendants added their own padlocks. The plaintiff sought an order to remove the padlocks and allow him to re-let the room.
Issues
- Whether the plaintiff has a valid claim to the room and the right to remove the padlocks
- Whether the plaintiff's criminal proceedings should be stayed
Reasoning
The court found the plaintiff's case not unusually strong and clear, and no good reason was given for staying the proceedings. The injunction sought was not granted.
Outcome
Dismissed with costs
Authorities cited
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