Christian Community Life Church v Eunice Kinanu Mbae & another [2021] KEELC 1860 (KLR)
- Court
- Environment & Land Court
- Case number
- 1860
- Citation
- [2021] KEELC 1860 (KLR)
- Decided
- 29 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Injunction and InhibitionCoramHON. C.K. NZILI, C/A: Kananu
Holding
The application is allowed in terms of prayers 4 & 5, subject to the applicants executing and filing an undertaking as to damages and costs for Kshs.4 million within 7 days.
Facts
The plaintiff, Christian Community Life Church, seeks injunction and inhibition against the defendants, Eunice Kinanu Mbae and James Mwendu Kinyua, to prevent them from interfering with the plaintiff's possession, occupation, and use of land parcel Ntima/Igoki/5260.
Issues
- Whether the plaintiff has a prima facie case for equitable possessory rights.
- Whether the balance of convenience tilts in favor of granting injunctions.
- Whether the defendants have suffered irreparable damage and whether the balance of convenience tilts in favor of granting injunctions.
Reasoning
The court finds that the plaintiff has a prima facie case and that the balance of convenience tilts in favor of granting the injunctions. The defendants have not contested the purchase of the subject property and have not discharged the bank's charge.
Outcome
Application granted with conditions
Orders
- Order of injunction restraining defendants from interfering with plaintiff's possession, occupation, and use of land parcel Ntima/Igoki/5260.
- Order of inhibition inhibiting defendants from dealing with the land parcel Ntima/Igoki/5260.
Remedies
- Undertaking as to damages and costs for Kshs.4 million from the applicants within 7 days.
- Exchange of responses and documents within 30 days.
- Pre-trial conference within 45 days from the date of the judgment.
Authorities cited
Legislation (1)
- Section 68 of the Land Act
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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