Protus Masibo Watibini v Board of Management St. Brigid’s Girls High School, Kiminini & another; Getrude Nafula Tsuma (Interested Party) [2020] KEELC 1552 (KLR)
- Court
- Environment & Land Court
- Case number
- 1552
- Citation
- [2020] KEELC 1552 (KLR)
- Decided
- 21 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary Injunction
Holding
An order of temporary injunction should issue against the defendants.
Facts
The plaintiff, Protus Masibo Watibini, is a co-executor of the Estate of Wenslaus Watibini, deceased. The 2nd defendant, Board of Management St. Brigid’s Girls High School, holds forged agreements of sale of land. The plaintiff disputes the purported signatures and the execution of the agreements.
Issues
- Whether an order of temporary injunction should issue against the defendants as prayed.
- Who should bear the costs of this application.
Reasoning
The plaintiff has shown a prima facie case with a probability of success, and would suffer loss that may not be compensated for by damages.
Outcome
Order of temporary injunction granted.
Orders
- That the 1st defendant be restrained by themselves, their servants, workmen and agents or otherwise howsoever from continuing with the construction of a perimeter wall or any conducting any other form of construction on LR No. 6670 situate at Kiminini township pending hearing and determination of the suit.
Remedies
- Costs of this application provided for.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 40 Rule 1(a) of the Civil Procedure Rules
Cases cited (1)
- Giella -vs- Cassman Brown 1973 EA 358
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.
Loading judgment…