Toroitich & another v KCB Bank Kenya Limited & 3 others (Environment & Land Case E418 of 2021) [2022] KEELC 13382 (KLR) (30 September 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13382
- Citation
- [2022] KEELC 13382 (KLR)
- Decided
- 30 September 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramO. A. Angote
Holding
The application is allowed, and a temporary order of injunction is issued restraining the Defendants from demolishing, selling, leasing, charging, subleasing, using or developing the parcel of land known as L. R. No. 6967.
Facts
The Plaintiffs are the legal representatives of the estate of the late Stephen Cheruiyot Kositany. The deceased and his employee, Ashok Kumar Manohar Lal, bought the land known as L. R. No. 6967 from Ignatius Iriga Nderi for Kshs12,000,000. The land was later transferred to KCB Bank Kenya Limited.
Issues
- Whether the Plaintiffs are entitled to an order of temporary injunction
Reasoning
The Plaintiffs established a prima facie case with chances of success, and the substratum of the suit property should be maintained pending the hearing and determination of the suit.
Outcome
The application is allowed.
Orders
- A temporary order of injunction is issued restraining the Defendants from demolishing, selling, leasing, charging, subleasing, using or developing the parcel of land known as L. R. No. 6967.
Remedies
- The costs of this application are provided for by the 1st and 2nd Defendants.
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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