Agai Ochom v Seventh Day Adventist Church (East Africa Limited) (Sda Church) [2021] KEELC 3651 (KLR)
- Court
- Environment & Land Court
- Case number
- 3651
- Citation
- [2021] KEELC 3651 (KLR)
- Decided
- 18 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a ruling of the trial learned magistrateCoramANTONY OMBWAYO
Holding
The application for injunction is dismissed. The application for stay of proceedings is dismissed.
Facts
The appellant seeks a temporary injunction and stay of execution and proceedings against the respondent over land parcels L.R. No. Kisumu Kanyakwar 'B'/483 and L.R. No. 15037/2,3,4,5,6 & 7.
Issues
- Whether the appellant has a prima facie case with a likelihood of success.
- Whether the balance of convenience lies in favor of the respondent.
Reasoning
The court finds the appellant has not demonstrated a prima facie case with a probability of success and that the injury is not irreparable.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Machupaper International Ltd vs Korr (1985) Eklr
- Nguruman Limited vs. Jan Bonde Nielsen & 2 Others [2014] 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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