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Kenya Wildlife Service Staff Supernnuation Scheme Registered Trustees & another v Dykoe Enterprises Limited & 4 others [2021] KEELC 2794 (KLR)

[2021] KEELC 2794 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2794
Citation
[2021] KEELC 2794 (KLR)
Decided
17 June 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeSupernnuation Scheme DisputePostureAppeal from a decision of the Environment and Land CourtCoramL. KOMINGOI
Holding

The application is allowed with a temporary injunction restraining the defendants from interfering with the plaintiffs' land until the suit is heard and determined.

Facts

The plaintiffs, Kenya Wildlife Service Staff Supernnuation Scheme Registered Trustees, and Kenya Wildlife Staff Retirement Benefits Scheme 2006 Registered Trustees, filed a motion against the defendants, Dykoe Enterprises Limited and others, seeking an injunction to prevent trespassing and interference with their land.

Issues

  1. Ownership of the suit property
  2. Resolution of how LR NO 1/287 became LR 1/1406

Reasoning

The court found that it is in the interest of justice to preserve the suit property pending the hearing and determination of the suit.

Outcome

The application is allowed.

Orders

  • Temporary injunction restraining defendants from trespassing and interfering with plaintiffs' land
  • No development or construction on the suit property pending the hearing and determination of the suit
  • Costs of the application to be determined by the main suit

Remedies

  • Preservation of the suit property
  • Temporary injunction

Authorities cited

Legislation (1)
  • Civil Procedure Act
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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