Paul Methu Wanjiru v Mathew Mungai Kung’u & 3 others [2021] KEELC 3200 (KLR)
- Court
- Environment & Land Court
- Case number
- 3200
- Citation
- [2021] KEELC 3200 (KLR)
- Decided
- 27 May 2021
Summary at a glance
Facts
The deceased, Ian Patrick McDermott, owned Plot No. L in Lakeview, Naivasha Municipality. He built a permanent building on the land and operated a bar there. The 1st and 2nd defendants, Mathew Mungai Kung'u and John Macharia Maina, are suspected of conspiring to sell or lease the land to the 1st and 2nd defendants. The 1st defendant, Mathew Mungai Kung'u, took a lorry load of ballast to the land in preparation for erecting structures.
Issues
- Whether the deceased is the registered owner of the suit land
- Whether the applicant has established a prima facie case with a probability of success for an interlocutory injunction
Reasoning
The court considered the application and all the material on record. The applicant must establish a prima facie case with a probability of success to obtain an interlocutory injunction. The court found that the applicant has not satisfied the court that the deceased owned the suit property.
Outcome
Application dismissed
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