Nyakoe v Buyaki (Environment & Land Case E156 of 2023) [2023] KEELC 20358 (KLR) (28 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20358
- Citation
- [2023] KEELC 20358 (KLR)
- Decided
- 28 September 2023
Summary at a glance
TypeInterlocutory InjunctionPostureApplication for Temporary InjunctionCoramLN MBUGUA
The court declines to grant the orders sought in the application dated 2.5.2023 and instead gives orders for the maintenance of status quo on the ground and in terms of registration.
Facts
Alexina Marcellina Nyakoe is the registered proprietor of the suit property (Title Number Nairobi/Block 105/9062). Ruth Buyaki purchased Plot No. V35561 for Ksh. 2 million and later applied for and received a lease certificate for the suit property.
Issues
- Whether the application meets the threshold for grant of injunctive orders
- Ownership of the suit property
Reasoning
The court found that the issue of ownership of the suit land is in contention and should be determined in a full trial, not at the interlocutory stage. The Plaintiff is not in occupation of the suit premises, and granting the orders sought would amount to granting a major relief before the trial.
Outcome
The application is dismissed.
Orders
- The suit property shall not be alienated.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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