Abdikadir Issack Ali & 2 others v Ahmed Hassan Omane & 2 others [2021] KEELC 3199 (KLR)
- Court
- Environment and Land Court
- Case number
- 3199
- Citation
- [2021] KEELC 3199 (KLR)
- Decided
- 26 February 2021
- Parties
- raw · defendants · plaintiffs
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from an original trial decisionCoramE. C Cherono (Mr.), Presiding Judge
Holding
The Plaintiffs have satisfied the threshold of proof required for the grant of the temporary injunction. The injunction given ought to remain pending interpartes hearing and disposal of the suit.
Facts
The Plaintiffs claimed that the Defendants had trespassed and subdivided their properties without their authority. The Plaintiffs presented minutes of a council meeting and letters from the Municipal Council to support their claim of ownership. The Defendants claimed ownership of different properties.
Issues
- Whether an injunction ought to have been issued and whether the order issued ought to be lifted.
Reasoning
The court balanced the inconvenience to the Plaintiffs if the injunction is withheld against the inconvenience to the Defendants if the injunction is granted. The court found the inconvenience to the Plaintiffs to be weightier.
Outcome
Affirmed
Orders
- The injunction given ought to remain pending interpartes hearing and disposal of the suit.
Authorities cited
Cases cited (2)
- Nguruman Limited v Jan Bonde Nielsen & 2 Others [2014] eKLR; Civil Appeal No. 77 of 2012 (Nairobi)
- Amir Suleiman v Amboseli Resort Limited [2004] 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.
Loading judgment…