Matthew Kipkirui Rono v Jepcom Ventures Co. Limited & another [2021] KEELC 4168 (KLR)
- Court
- Environment & Land Court
- Case number
- 4168
- Citation
- [2021] KEELC 4168 (KLR)
- Decided
- 25 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interim Injunction DismissedCoramM.C. OUNDO
Holding
The Court dismisses the application for interim injunction.
Facts
The Plaintiff claims to be the lawful owner of PLOT No. 2A KAPKUGERWET MARKET and seeks an interim injunction against the Respondents to stop further demolition and digging on his property.
Issues
- Whether the Plaintiff is the lawful owner of the property
- Whether the road exists on the official survey map
Reasoning
The Court found that the Respondents' construction of the road was in the public interest and that the Plaintiff could be adequately compensated in damages.
Outcome
Application dismissed
Orders
- Interim injunction dismissed
- Each party to bear their own costs
Remedies
- None
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- GIELLA v. CASSMAN BROWN (1973) EA 358
- MRAO v. FIRST AMERICAN BANK OF KENYA LIMITED & 2 OTHERS (2003) KLR 125
- Joseph Waininia Kinyanjui (supra)
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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