Taib v Hussein; First Community Bank Limited (Interested Party) (Civil Suit E060 of 2023) [2023] KEELC 22007 (KLR) (5 December 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 22007
- Citation
- [2023] KEELC 22007 (KLR)
- Decided
- 5 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from original trialCoramKizito, LL NAIKUNI, Majanja, Platt
Holding
The Honorable Court found the Plaintiff's application to have merit and allowed it in its entirety, while the Defendant's application lacked merit and was dismissed.
Facts
Hassan Swaleh Taib filed a Notice of Motion application seeking an interlocutory injunction, while Ibrahim Shero Hussein filed a similar application. The Interested Party, First Community Bank Limited, was also involved.
Issues
- Whether the Plaintiff and the Defendant had satisfied the principles for grant of an interlocutory injunction.
- Whether the Plaintiff demonstrated a prima facie case capable of success by their respective Applications for grant of orders of injunction.
Reasoning
The Court applied the Giella principles and found that the Plaintiff had not fully satisfied the conditions for an interlocutory injunction.
Outcome
The Plaintiff's application was allowed, and the Defendant's was dismissed.
Orders
- An order of Temporary injunction issued restraining the Defendant, his servants, proprietary rights, trespassing or in any other manner of interfering with Plaintiff's quiet.
- Costs awarded to the Plaintiff and the Interested Party herein.
Remedies
- Preservation of the suit land in the meantime.
Authorities cited
Legislation (5)
- Constitution
- Civil Procedure Act
- Land Act
- Land Registration Act
- Evidence Act
Cases cited (3)
- Giella – Versus - Cassman Brown Company Limited
- Nguruman Limited – Versus Bonde Nielsen and 2 Others
- Mrao Limited – Versus - First American Bank of Kenya Limited
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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