Thuo v Githinji (Environment and Land Appeal 97 of 2021) [2023] KEELC 20279 (KLR) (28 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20279
- Citation
- [2023] KEELC 20279 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeAppealPostureAppeal from the Ruling and Orders of Honourable C. Mburu, SRM in Ruiru MCELC No. 7 of 2021CoramJG KEMEI
The Appeal partially succeeds, and the Ruling of the trial Court is set aside to the extent that status quo is ordered in terms of prayer no 2 of the application dated February 9, 2021.
Facts
The Appellant, Daniel Njunga Thuo, sought an injunction against the Respondent, Amos Njunga Githinji, to prevent him from receiving Kshs 300,000 from the Appellant. The Respondent claimed that the Appellant had not accepted a refund for a loan agreement.
Issues
- Whether the Appellant established a prima facie case for an injunction.
- Whether the balance of convenience tilts in favor of granting status quo to preserve the suit land.
- Whether the grounds of appeal are founded.
Reasoning
The Court finds that there was a transaction between the parties and that the Appellant has established a prima facie case with a probability of success. The balance of convenience tilts in favor of granting status quo to preserve the suit land.
Outcome
The Appeal partially succeeds.
Orders
- Status quo be and is hereby ordered in terms of prayer no 2 of the application dated February 9, 2021.
Remedies
- Preservation of the suit land pending the hearing and determination of the suit.
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