Virginia Kathambi Maingi v Nicholas Mwatika Mulei & 2 others [2019] KEELC 811 (KLR)
- Court
- Environment & Land Court
- Case number
- 811
- Citation
- [2019] KEELC 811 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous dismissal of a temporary injunction applicationCoramO.A. ANGOTE
Holding
The Application is dismissed with costs as the Plaintiff cannot now file an Application whose effect is to restrain the 1st Defendant from dealing with the suit property in any manner he deems fit.
Facts
The Plaintiff, Virginia Kathambi Maingi, is the registered proprietor of land known as L.R. No. 337/935 in Mavoko Municipality. On 1st April, 2019, the 1st Defendant, Nicholas Mwatika Mulei, started constructing a permanent wall on the suit property, which the Plaintiff claims is intended to steal a match from him.
Issues
- Whether the Plaintiff's application for a status quo order should be granted
- Whether the Plaintiff's application for costs should be granted
Reasoning
The court ruled that the Plaintiff's application for a status quo order is not valid because the Plaintiff had previously filed a temporary injunction application in 2013 which was dismissed in 2014.
Outcome
Appeal dismissed
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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