Rachel Okumu & another v Esther Kahayi Mujumba (Sued as an Administrator of the Estate of Marco Mujumba Busolo) [2020] KEELC 1462 (KLR)
- Court
- Environment & Land Court
- Case number
- 1462
- Citation
- [2020] KEELC 1462 (KLR)
- Decided
- 21 July 2020
The application is dismissed. The status quo existing on the suit land shall be maintained till the hearing and determination of this suit.
Facts
The plaintiffs are the administrators of the estate of the late Michael Okumu Achoka and they cultivate the suit land for subsistence and income. The defendant is the administrator of the estate of Marco Mujumba Busolo and she has registered the land in her name.
Issues
- Whether a temporary injunction should issue in favour of the plaintiffs.
Reasoning
The plaintiffs have failed to establish a prima facie case with a probability of success. The land is already registered in the name of the defendant and the plaintiffs may suffer loss but it is not incapable of reparation by way of damages. The plaintiffs have been resident on the land for many years and their father also resided thereon while he was alive.
Outcome
Application dismissed
Orders
- The status quo existing on the suit land shall be maintained till the hearing and determination of this suit.
- The costs of this application shall be in the cause.
Remedies
- Preservation of the existing status quo pending the hearing and determination of the main suit.
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