Nadim Hassan Bhatti & 2 others v William Kahindi Ruwa & 3 others [2020] KEELC 2989 (KLR)

Facts

The Plaintiffs, Nadim Hassan Bhatti, Stefano Buzzi, and Pietro Bertolotti, claim to have purchased a plot of land (Plot No. Gede/Mijimboni/1563) from the 1st Defendant, William Kahindi Ruwa, but the transaction was not completed. The 1st Defendant then sold the land to the 2nd, 3rd, and 4th Defendants, who are now developing the land without the Plaintiffs' knowledge or consent.

Issues

1. Whether the Plaintiffs are entitled to an interlocutory injunction to restrain the Defendants from selling, transferring, or developing the land pending the suit.
2. Whether the Plaintiffs are entitled to rent payment to be deposited in Court pending the suit.

Reasoning

The Plaintiffs failed to complete the purchase of the land and the 1st Defendant sold it to the 2nd, 3rd, and 4th Defendants without their knowledge or consent. The Plaintiffs have not shown that they will suffer irreparable harm that cannot be compensated by an award of damages.

Outcome

The application for an interlocutory injunction is dismissed.

Authorities cited