Charles Lukoye Shiyuka v James Muyanda Nduku & 2 others [2021] KEELC 2512 (KLR)
- Court
- Environment & Land Court
- Case number
- 2512
- Citation
- [2021] KEELC 2512 (KLR)
- Decided
- 21 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for Interlocutory InjunctionCoramN.A. MATHEKA
Holding
The application is not merited and the status quo is maintained pending the hearing and determination of the matter.
Facts
The applicant Charles Lukoye Shiyuka has occupied and developed land parcel Butsotso/Shikoti/2648 for over 40 years, building a permanent residence. The respondents James Muyanda Nduku and George Mzee Maramba Muyandu are the registered proprietors after succession and have threatened to evict the applicant.
Issues
- Whether the applicant has a prima facie case with a probability of success at the trial.
- Whether the applicant will suffer irreparable damage if the injunction is not granted.
- Whether the Court should grant the injunction on a balance of convenience.
Reasoning
The Court finds the applicant's claim not merited due to the respondents' assertion that the applicant is actually on a different parcel of land (Butsotso/Shikoti/14329).
Outcome
Denied
Orders
- Status quo maintained pending the hearing and determination of the matter.
Authorities cited
Cases cited (1)
- 1973 E.A 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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