Munyila Kilonzo v Wambua Mutiku & another [2021] KEELC 2403 (KLR)
- Court
- Environment & Land Court
- Case number
- 2403
- Citation
- [2021] KEELC 2403 (KLR)
- Decided
- 30 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramMBOGO C.G.
Holding
The application has no merits and is dismissed with costs.
Facts
The Plaintiff/Applicant is the administrator of the estate of Kilonzo Nthiwa (deceased), the registered owner of land parcel number Nzaui/Kikumini/609. The Defendant/Respondents have been cutting down trees, cultivating, digging terraces, and selling on the land.
Issues
- Whether the Plaintiff/Applicant has a prima facie case with probability of success
- Whether the Plaintiff/Applicant will suffer irreparable injury if the injunction is not granted
Reasoning
The Plaintiff/Applicant has not shown a prima facie case with probability of success and will not suffer irreparable injury if the injunction is not granted.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21 of the Laws of Kenya
- Order 40 Rule 1(a), 2 and Order 51 Rule 1 of the Civil Procedure Rules
Cases cited (3)
- Zablon Kamau Nyoro (suing as the legal representative of the estate of John Nyoro Ngigi -Vs- Lason Mayodi Ombisa & 2 Others [2019] eKLR
- Kenleb Cons Ltd -Vs- New Gatitu Service Station Ltd & Another [1990] eKLR
- Giella -Vs- Cassman Brown & Company Ltd [1973] EA 358
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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