Dorcas Wambui Mbiriti v Richard Kang’ethe Ndichu [2021] KEELC 1661 (KLR)
- Court
- Environment & Land Court
- Case number
- 1661
- Citation
- [2021] KEELC 1661 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramKLR Chitembwe, KLR Kimondo
Holding
The court granted the interlocutory injunction.
Facts
The applicant, Dorcas Wambui Mbiriti, claims to be the original owner of plot 211 part of LR no 8469/4, which she acquired by purchase. The respondent, Richard Kang’ethe Ndichu, has been collecting rent from the property.
Issues
- Whether the applicant has met the conditions necessary to warrant the grant of an interlocutory injunction
- Whether the property is at risk of being wasted by the respondent in the event that the injunction is not granted
Reasoning
The court considered the applicant's prima facie case and the risk of irreparable injury, finding that the applicant met the necessary conditions.
Outcome
Granted
Orders
- An order of injunction restraining the respondent from collecting rent from plot no 211 LR NO 8469/4
- An order that rental income of the property be dispensed in a joint account
- An order declaring the applicant as the sole proprietor of plot no 211 part LR NO 8469/4
Remedies
- Injunction to prevent respondent from collecting rent
- Joint account for rental income
- Declaration of sole proprietorship
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act, 2012
Cases cited (2)
- Giella vs Cassman Brown (1973) EA 358
- Nguruman Limited V Jan Bonde Nielsen & 2Ors (2014) eKLR
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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