Francisca Mumbua Peter v Kevin Mulei Ngumbi & 2 others [2021] KEELC 55 (KLR)
- Court
- Environment & Land Court
- Case number
- 55
- Citation
- [2021] KEELC 55 (KLR)
The court denies the application for a temporary injunction due to the highly contested nature of the ownership of the suit properties and the balance of convenience tilting in favor of the Defendants.
Facts
The Plaintiff is the administrator of the estates of two deceased members of a cooperative society. The Defendants are administrators of the estate of a deceased member who was also a member of the same cooperative society. The Plaintiff claims that the Defendants have maliciously included the Plaintiff's properties in the deceased member's estate, leading to the Plaintiff's properties being wrongly included in a previous court case.
Issues
- Whether the Plaintiffs have met the threshold for grant of an injunction
- Ownership of the suit properties
Reasoning
The court finds that the Plaintiffs have not established irreparable loss and damage and that the balance of convenience is in favor of the Defendants. The court directs that the status quo be maintained pending the hearing and determination of the suit.
Outcome
The application for a temporary injunction is denied.
Orders
- The Defendants shall continue to be in occupation of the suit land for purposes of grazing their livestock.
- No party shall construct on or develop, dispose of, lease, charge or interfere with the current ownership of the suit properties.
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