Bernard Wanjare Odero (Suing as the legal representative the estate of Henry Achok (Deceased) v Jacob Ojoo Omamo & 2 othersl [2021] KEELC 2098 (KLR)
- Court
- Environment & Land Court
- Case number
- 2098
- Citation
- [2021] KEELC 2098 (KLR)
- Decided
- 3 September 2021
The court finds that the plaintiff has established a prima facie case and that if a temporary injunction is not issued, the plaintiff might suffer irreparable loss. The court grants a temporary injunction restraining the land registrar from entering any transaction in respect of the land parcels.
Facts
The land is registered in the names of Jacob Oloo Omamo. The registration was done on 3/7/1992 when he was a minor. The land was previously in the plaintiff's uncle's name. The plaintiff seeks a temporary injunction to prevent the 1st and 2nd Respondents from interfering with the land parcels.
Issues
- Whether the plaintiff has established a prima facie case for a temporary injunction.
- Whether the balance of convenience tilts in favor of granting the injunction.
Reasoning
The court applies the Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014)eKLR case to determine that the plaintiff has established a prima facie case and that the balance of convenience tilts in favor of granting the injunction.
Outcome
Granted
Orders
- The land registrar be and is hereby restrained from entering in any transaction in respect of parcel number NORTH SAKWA/MARANDA/3536, 3537 and 3538 till the suit is heard and determined.
- The status quo on the ground to be maintained.
Remedies
- Temporary injunction
Authorities cited
Legislation (1)
- Civil Procedure CAP. 21 [Subsidiary] C17 – 165
Cases cited (3)
- GIELLA VERSUS CASSMAN BROWN (1973) EA 358
- Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014)eKLR
- MRAO LTD VERSUS FIRST AMERICAN BANK OF KENYA LTD (2003) EKLR
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