Navinchandra Laiji Shah & another v County Governmemt of Kisumu & another; Kisumu City Board (Interested Party) [2021] KEELC 1879 (KLR)
- Court
- Environment & Land Court
- Case number
- 1879
- Citation
- [2021] KEELC 1879 (KLR)
- Decided
- 23 September 2021
The Court finds that the Petitioners have a prima facie case that they acquired the suit property legally and have been paying land rates and rent to date.
Facts
The 1st Petitioner and 2nd Petitioner claim to have acquired the suit property from HASMUKHRAI GOSAR SHAH and his brothers through a Sale Agreement. The 1st Respondent alleges that the suit property was illegally acquired and that the Petitioners have not produced an allotment letter.
Issues
- Whether a conservatory order should be granted as prayed.
Reasoning
The court considered the constitutional and procedural requirements for a conservatory order and found that the Petitioners have demonstrated a prima facie case.
Outcome
The Court grants a temporary injunction restraining the Respondents from interfering with the Petitioners' use and possession of the suit property.
Orders
- A temporary injunction restraining the Respondents from interfering with the Petitioners' use and possession of the suit property.
Remedies
- Pending the Hearing and determination of this petition, a temporary injunction do issue restraining the Respondents from interfering with the Petitioners' use and possession of the suit property.
Authorities cited
Legislation (4)
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
- Land Registration Act, 2012
- County Government Act, 2012
- Urban Areas and Cities Act, 2012
Cases cited (2)
- George Odero vs. Lake Victoria Environment Programme & 3 others [2015] eKLR
- Gatirau Peter Munya –vs- Dickson Mwenda Kithinji and 2 others, Supreme Court of Kenya, Application No. 5 of 2014, [2014] eKLR
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