Thiani v Kedong Ranch Limited (Environment and Land Case E31 of 2023) [2023] KEELC 19980 (KLR) (22 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19980
- Citation
- [2023] KEELC 19980 (KLR)
- Decided
- 22 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureAppeal from an original trialCoramFM NJOROGE, Gicheru
Holding
An order of injunction is issued restraining the defendant from making any offer for sale, accepting any offer to purchase, entering into or signing any agreement for sale over the suit land.
Facts
The plaintiff, Sarah Naomi Wairimu Thiani, is seeking an injunction to prevent the defendant, Kedong Ranch Limited, from making any offer for sale, accepting any offer to purchase, entering into or signing any agreement for sale over a specific piece of land.
Issues
- Whether the application for an injunction should be granted
- Whether the injunction should be made permanent pending the hearing and determination of the suit
Reasoning
The court found that the plaintiff had a valid interest in the land and that the defendant's actions posed a threat to the plaintiff's rights.
Outcome
The court granted the injunction.
Orders
- An order of injunction is issued restraining the defendant from making any offer for sale, accepting any offer to purchase, entering into or signing any agreement for sale over the suit land.
- The costs of the application shall be in the cause.
- The parties shall comply with the rules, the plaintiff within the first 15 days from the date of this order and the defendant within 15 days thereafter and suit shall be mentioned virtually on 18/10/2023 for issuance of a hearing date.
Remedies
- Injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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