Charles Wahome Kiboi v Kenya National Highway Authority & another [2021] KEELC 1806 (KLR)
- Court
- Environment & Land Court
- Case number
- 1806
- Citation
- [2021] KEELC 1806 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory Application for Interim InjunctionPostureApplication for Interim Injunction AllowedCoramL. GACHERU
Holding
The Court finds the Plaintiff has established a prima facie case and allows the interim injunction.
Facts
Plaintiff/Applicant Charles Wahome Kiboi seeks an interim injunction to prevent Defendants/Respondents from entering, alienating, or taking possession of his land parcel Dagoretti/Kinoo/3954, and destroying, demolishing, or interfering with the buildings on it. Defendants/Respondents claim the land is not on a Road Reserve and has not been acquired compulsorily by the Government.
Issues
- Whether the Plaintiff deserves the Orders sought in his Application dated 29th March 2019.
- Whether the Plaintiff’s land encroaches on the road reserve.
Reasoning
The Court finds the Plaintiff has a prima facie case and the status quo should be maintained until the main trial, where the issue of encroachment on the road reserve will be determined.
Outcome
The Application is allowed.
Orders
- Interim injunction restraining Defendants from entering, alienating, or taking possession of the land and interfering with buildings erected on it.
- Costs to be borne by Defendants
Remedies
- Interim injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Olympic Sports House Ltd v School Equipment Centre Ltd
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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