Plein v Gathigia (Sued on her behalf and on behalf of Kingdom Seekers Fellowiship Nyahururu) & 3 others (Environment and Land Appeal E010 of 2022) [2023] KEELC 878 (KLR) (16 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 878
- Citation
- [2023] KEELC 878 (KLR)
- Decided
- 16 February 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory Injunction AppealPostureAppeal from a trial court's dismissal of an interim injunction applicationCoramYM ANGIMA
Holding
The court finds no merit in the appellant's application for an interim injunction and dismisses the notice of motion.
Facts
The appellant, Purity Muthoni Plein, sought an interim injunction against the 4th respondent, Pastor Tabitha Gathigia, to stop construction of a permanent church building on L.R.No. Nyahururu Municipality Block 8/1017 (Parcel 1017) due to alleged violation of the Physical Planning Act, 1996. The 4th respondent claimed the construction was on Parcel 374.
Issues
- Whether the appellant has made out a case for the grant of the temporary injunction sought
Reasoning
The court is not satisfied that the appellant has demonstrated a prima facie case with a probability of success at the trial. There is no credible evidence to show the construction is on Parcel 1017.
Outcome
Appeal dismissed
Orders
- The appellant's notice of motion dated 23.06.2022 is hereby dismissed
Authorities cited
Legislation (1)
- Physical Planning Act, 1996
Cases cited (2)
- Giella –vs- Cassman Brown & Co. Ltd.
- Mrao Limited –vs- First American Bank of Kenya Ltd & 2 others
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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