Lucy Wanjiku Muchai t/a Bellavin Investments v Winnie Mukolwe (Sued as the Administrator of the Estate of David Nyambu Jonathan Kituri (Deceased) & 12 others [2020] KEELC 993 (KLR)
- Court
- Environment & Land Court
- Case number
- 993
- Citation
- [2020] KEELC 993 (KLR)
- Decided
- 15 October 2020
The Court finds that the Plaintiff/Applicant has established that she is likely to suffer irreparable loss and holds that the Plaintiff/Applicant's Notice of Motion applications dated 18th November 2019, is merited.
Facts
The Plaintiff/Applicant entered into a purchase agreement with the Defendants/Respondents for a property. The Plaintiff/Applicant later filed an adverse possession claim, which was dismissed. The Defendants/Respondents then sold the property to third parties without the Plaintiff/Applicant's knowledge.
Issues
- Whether the Plaintiff/Applicant is likely to suffer irreparable loss if the Defendants/Respondents sell the property
- Whether the Court should maintain the status quo pending the hearing and determination of the suit
Reasoning
The Court finds that the Plaintiff/Applicant's rights cannot be adequately compensated by damages and that the status quo should remain as it existed before the Defendants/Respondents allegedly unlawful actions.
Outcome
The Plaintiff/Applicant's Notice of Motion applications are allowed in terms of prayers No. 3 with costs to the Plaintiff/Applicant.
Orders
- Granting a temporary injunction restraining the Defendants/Respondents or any of them from selling, transferring, charging, alienating, gifting, disposing, subdividing, developing or dealing with the suit property pending the hearing and determination of the suit
Remedies
- Temporary injunction
Authorities cited
Cases cited (1)
- Agnes Adhiambo Ojwang (2000) eKLR
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