Muthini Kimonyi & 2 others v Robinson Leiro & 5 others [2021] KEELC 1973 (KLR)
- Court
- Environment & Land Court
- Case number
- 1973
- Citation
- [2021] KEELC 1973 (KLR)
- Decided
- 23 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from the original trialCoramD. O. OHUNGO
Holding
The court ruled that an all-embracing injunction against the 1st and 2nd defendants was not appropriate, but an inhibition was necessary to preserve the suit property.
Facts
The plaintiffs sought an injunction against the 1st and 2nd defendants' title to land, but the court ruled that an injunction was not appropriate due to the defendants' registered status. The court instead ordered an inhibition against the land.
Issues
- Injunction against registered proprietors
- Preservation of suit property pending determination
Reasoning
The court found that the plaintiffs had a prima facie case but that an injunction was not suitable for registered proprietors. An inhibition was ordered to prevent the land from changing hands until the suit is decided.
Outcome
The plaintiffs' motion for an injunction was denied, and an inhibition was ordered.
Orders
- An inhibition be registered against the parcel of land known as IR NO. 201546 situated in Nakuru Municipality (L.R NO. 15151).
Remedies
- Preservation of the suit property
Authorities cited
Legislation (2)
- Land Registration Act
- Practice Directions on Proceedings in The Environment and Land Courts
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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