Catherine Gatuti & Martha Nthama v Cyprian Kobia Mbeeria [2021] KEELC 1330 (KLR)
- Court
- Environment & Land Court
- Case number
- 1330
- Citation
- [2021] KEELC 1330 (KLR)
- Decided
- 27 October 2021
The applicants have not established a prima facie case with a probability of success and have not demonstrated they stand to suffer irreparable loss and damage which cannot be compensated by way of damages. The balance of convenience also tilts in favour of not granting the injunction.
Facts
The plaintiffs, Catherine Gatuti and Martha Nthama, seek an interim injunction against the defendant, Cyprian Kobia Mbeeria, over Parcel No. MERU NORTH/ATHIGA/ATHANJA/4711, which the defendant fenced off and employed security officers to evict the plaintiffs from.
Issues
- Whether the plaintiffs have established a prima facie case for adverse possession.
- Whether the plaintiffs have suffered irreparable loss and damage that cannot be compensated by damages.
Reasoning
The court held that the plaintiffs have not established a prima facie case with a probability of success and have not demonstrated they stand to suffer irreparable loss and damage which cannot be compensated by way of damages. The balance of convenience also tilts in favour of not granting the injunction.
Outcome
The applicants' motion for interim injunction is dismissed with costs.
Orders
- The applicants' motion for interim injunction is dismissed with costs.
- The applicants are given the very last chance to comply with Order 11 within 45 days failure of which the originating summons shall stand dismissed for non-compliance.
Authorities cited
Legislation (2)
- Land Registration Act 2012
- Civil Procedure Rules
Cases cited (2)
- Mrao Ltd. –vs- First American Bank of Kenya Ltd. & 2 Others (2003) eKLR
- Margaret Njeri Wachira –vs- Eliud Waweru Njenga (2018) eKLR
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