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Michael M. Mwakio v Registered Trustees of P.C.E.A Bamburi Church & another [2021] KEELC 3028 (KLR)

[2021] KEELC 3028 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3028
Citation
[2021] KEELC 3028 (KLR)
Decided
26 May 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for determinationCoramC.K. YANO
Holding

The court issued a temporary injunction restraining the defendants from interfering with the plaintiff's development of the land and from disposing, alienating, and dealing with the land.

Facts

The plaintiff, Michael M. Mwakio, is the registered proprietor of land known as Mombasa/Mwembelegeza/570. He purchased the land in 2002 and was issued a certificate of title dated 11 March 2005. The plaintiff claims that the defendants, the Registered Trustees of P.C.E.A Bamburi Church and the Land Registrar, Mombasa County, have interfered with his development of the land.

Issues

  1. Interference with the plaintiff's development of the land
  2. Disposal, alienation, and disposal of the land by the defendants

Reasoning

The court found that the defendants had interfered with the plaintiff's development of the land and issued a temporary injunction to prevent further interference.

Outcome

The application was granted.

Orders

  • Temporary injunction restraining defendants from interfering with plaintiff's development of the land
  • Temporary injunction restraining defendants from disposing, alienating, and dealing with the land

Remedies

  • Temporary injunctions

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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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