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Matthew Kipkirui Rono v Jepcom Ventures Co. Limited & another [2021] KEELC 4168 (KLR)

[2021] KEELC 4168 (KLR) Environment & Land Court
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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

  1. Whether the Plaintiff is the lawful owner of the property
  2. 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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