John Nguguna Kikumba v Hussein Hassan Hussein & another [2021] KEELC 3639 (KLR)
- Court
- Environment & Land Court
- Case number
- 3639
- Citation
- [2021] KEELC 3639 (KLR)
- Decided
- 21 April 2021
The court is not satisfied that the Plaintiff has demonstrated a prima facie case with a probability of success at the trial, and thus, it shall not be necessary to consider the other two principles for the grant of an injunction.
Facts
The Plaintiff, John Nguguna Kikumba, seeks recovery of Title No. Nyeri Municipality/Bloc 2 (Majengo)/567, alleging that he is the administrator of the estate of the late Ernest Kihumba Chege, who bought the property from Osopu Wembe, the wife of Hussein Hassan Hussein in 1969. The Defendants, Hussein Hassan Hussein and the Land Registrar of Nyeri, are alleged to have fraudulently transferred the property into Hussein Hassan Hussein's name.
Issues
- Whether the Plaintiff has made out a case for the grant of the interim orders sought.
- Who shall bear costs of the application.
Reasoning
The court found that the Plaintiff's claim is not well-founded as there is no evidence of a legal interest in the property, and the transfer of the property was not registered.
Outcome
The Plaintiff's application for interim orders was dismissed.
Orders
- Interim injunction
- Order of inhibition
Remedies
- Costs of the application
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act, 2012
Cases cited (2)
- Giella v Cassman Brown & Co. Ltd
- Joseph Mumita Kipees (Suing as legal representative of the estate of Moses Kisento) v Nteri Merik Obo Kipaika and 2 Others
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