Eva Hellen Micere Mugera v Charity Wairimu Mwangi & another [2021] KEELC 1923 (KLR)
- Court
- Environment & Land Court
- Case number
- 1923
- Citation
- [2021] KEELC 1923 (KLR)
- Decided
- 17 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureApplication for Temporary InjunctionCoramRingera
Holding
The application for a temporary injunction is allowed.
Facts
The plaintiff, Eva Hellen Micere Mugera, claims to be the owner of a plot of land (Plot No. Sagana E61) since 1992. The 1st defendant, Charity Wairimu Mwangi, had brought materials to the plot and commenced construction, which the plaintiff claims hindered her from developing the land.
Issues
- Whether the plaintiff's property is in danger of being wasted, damaged, or alienated by the defendant.
- Whether the plaintiff will suffer irreparable loss and damages if the injunction is not granted.
- Whether the balance of convenience favours the plaintiff.
Reasoning
The court found that the plaintiff's property is in danger of being wasted and that she would suffer irreparable loss and damages if the injunction is not granted. The balance of convenience favours the plaintiff.
Outcome
The application is allowed.
Orders
- A temporary injunction is granted to restrain the 1st defendant, her agents, servants, and family from interfering or constructing on the plot of land until the matter is heard and determined.
Remedies
- Costs are provided for.
Authorities cited
Legislation (1)
- Order 40 Rule 2(1) of the Environment and Land Court Rules
Cases cited (2)
- Marple Brooks Projects Company Limited & another Vs I & M Bank Limited [2019] e KLR
- Kanorero River Farm Ltd and 3 Others v National Bank of Kenya Ltd 2002 2 KLR 207
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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