Waska Company Limited v Gatabaki & another (Environment and Land Case Civil Suit E174 of 2023) [2023] KEELC 18399 (KLR) (16 June 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 18399
- Citation
- [2023] KEELC 18399 (KLR)
- Decided
- 16 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureAppeal from original trialCoramOGUTTU MBOYA, JO MBOYA
Holding
The application is allowed with the issuance of a temporary injunction.
Facts
Waska Company Limited sought a temporary injunction to prevent Gatabaki and another from encroaching on the Applicant's land LR No 28223/33/C2. Gatabaki and another opposed the application.
Issues
- Whether the Applicant has established a prima facie case against the Respondents.
- Whether there is a likelihood of irreparable loss if the injunction is not granted.
- What reliefs should be granted.
Reasoning
The court found that the applicant is the lawful owner of the suit property and that the 1st Respondent has trespassed on the applicant's rights.
Outcome
The application is allowed.
Orders
- A Temporary Injunction be issued restraining the 1st Defendant from encroaching on the suit property.
- The applicant shall procure and place a bank guarantee in the sum of Kes 1,000,000/=
Remedies
- Prohibition of encroachment on the suit property.
- Security for costs in the form of a bank guarantee.
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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