Joseph Mukonyi Gibendi v Moses Ugusimba & another [2021] KEELC 3139 (KLR)
- Court
- Environment & Land Court
- Case number
- 3139
- Citation
- [2021] KEELC 3139 (KLR)
- Decided
- 27 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramBoaz N. Olao
Holding
The application for an interlocutory injunction is dismissed as the plaintiff has not established a prima facie case.
Facts
Joseph Mukonyi Gibendi claimed that Moses Ugusimba and Morine Nasambu were illegally occupying land parcels 4691 and 4692, which Gibendi claimed he purchased in 1968. Ugusimba claimed he purchased a portion of the land from Gibendi in 2015.
Issues
- Ownership of land parcels 4691 and 4692
- Right to occupy the land
Reasoning
The court found that the plaintiff has not satisfied the first principle in the case of GIELLA v CASSMAN BROWN (supra) which is to establish a prima facie case. The plaintiff has not come to court with clean hands and has not established a prima facie case to warrant the orders of interlocutory injunction.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 40 Rule 1
Cases cited (3)
- GIELLA v CASSMAN BROWN (1973) E.A 358
- NGURUMAN LTD v JAN BONDE NIELSEN & OTHERS (2014) eKLR
- GESA BUILDING AND CIVIL ENGINEERING LTD v GEORGE NGURE CHIRA & ANOTHER (2019) eKLR
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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