Samuel Njung’e Kariuki v Victor Kibinu Muturi [2021] KEELC 291 (KLR)
- Court
- Environment & Land Court
- Case number
- 291
- Citation
- [2021] KEELC 291 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a judgment granting an interlocutory injunctionCoramB M Eboseo
Holding
The defendant's notice of motion is allowed, and the interlocutory injunction is vacated due to improper service of the notice of motion.
Facts
The plaintiff initiated a suit claiming to be the beneficial owner of land parcel numbers Kabete/Kibichiku/1189, 1190, 1191, and 1192. The defendant's father was the previous registered owner, but he died before the suit was finalized. The defendant allegedly damaged the plaintiff's property and crops.
Issues
- Ownership of the land
- Proper service of the notice of motion
Reasoning
The court found that the defendant was not properly served with the notice of motion, as evidenced by the false affidavits of the process server. The court set aside the ex parte order.
Outcome
The defendant's notice of motion is allowed, and the interlocutory injunction is vacated.
Orders
- Allowance of the defendant's notice of motion
Remedies
- Vacation of the interlocutory injunction
Authorities cited
Cases cited (3)
- James Kanyiita Nderitu & another v Marios Philotas Ghika & another [2016] eKLR
- Onyango Oloo v. Attorney General [1986-1989] EA 456
- Sangram Singh v. Election Tribunal, Koteh, AIR 1955 SC 664
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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