Christopher Ayabei Serem v Raphael Ayabei Serem & 3 others [2020] KEELC 3012 (KLR)
- Court
- Environment & Land Court
- Case number
- 3012
- Citation
- [2020] KEELC 3012 (KLR)
- Decided
- 23 April 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureApplication for Interlocutory Injunction DismissedCoramM. A. Odeny
Holding
The application has no merit and is dismissed with costs.
Facts
The applicant seeks restraining orders against the respondents from interfering with the suit land LELAN/KAPTALAMWA/261 until the suit is heard and determined.
Issues
- Adverse Possession
- Irreparable Injury
- Balance of Convenience
Reasoning
The court found that the applicant has not established a prima facie case for adverse possession and that the applicant will not suffer irreparable injury. The court also found that the balance of convenience tilts in favor of the respondents.
Outcome
Dismissed with costs
Authorities cited
Legislation (4)
- Civil Procedure Rules 2010
- Land Registration Act No. 3 of 2012
- Land Act No. 6 of 2012
- Limitations of Actions Act Cap 22
Cases cited (2)
- Giella Casman Brown case
- ELDORET HCC NO. 87 OF 1990 CHEPKIYENG KIMOSOP KIPYOMOS VS CHRISTOPHER CHEPKIYENG
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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