Sokono Ene Yonko v Moses Shonko & 3 others [2020] KEELC 1650 (KLR)
- Court
- Environment & Land Court
- Case number
- 1650
- Citation
- [2020] KEELC 1650 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePlaintiff seeks temporary injunction against Defendants to restrain them from selling land pending the outcome of the suit.CoramThe presiding judge
Holding
The Plaintiff's Notice of Motion is unmerited and dismissed.
Facts
The Plaintiff is the registered proprietor of the suit land and in occupation. The Defendants advertised the land for sale on 5th May, 2020, and the Plaintiff claims they are violating the doctrine of lis pendens.
Issues
- Whether the Plaintiff is entitled to the orders of temporary injunction pending the outcome of the suit.
- Whether the Plaintiff has established a prima facie case to warrant the orders sought.
Reasoning
The Plaintiff failed to establish a prima facie case to warrant the orders of injunction. The court found that the doctrine of lis pendens does not apply in this instance.
Outcome
The Plaintiff's Notice of Motion is dismissed.
Orders
- The Plaintiff's Notice of Motion is dismissed with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 40 Rules 1(a), 2, 4 & 8 of the Civil Procedure Rules
Cases cited (7)
- Giella vs Cassman Brown & Co. Ltd (1973) E.A 358
- Robinson v Pickering (1881) 16 Ch. D. 660
- Mawji vs US International University & Another (1976) KLR 185
- Margaret Njoki Migwi vs Barclays Bank of Kenya Ltd (2016) eKLR
- Stephen Wanganga Njoroge vs Stanley Ngugi Njoroge & Another (2017) eKLR
- Uhuru Highway Development Ltd v Central Bank & Others (1996) eKLR
- Kenya Commercial Finance Co. Ltd v Afraha Education Society (2001) Vol.I EA 86
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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