Railways Housing Cooperative Society Limited v Bwosiemo & 2 others (Enviromental and Land Originating Summons E024 of 2021) [2024] KEELC 3989 (KLR) (29 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3989
- Citation
- [2024] KEELC 3989 (KLR)
- Decided
- 29 April 2024
The preliminary objection is dismissed, and the application for a temporary injunction is granted.
Facts
The applicant, Railways Housing Cooperative Society Limited, sought a temporary injunction against the respondents, Ian Magara Bwosiemo, Future Estates Limited, and Brenda Kwamboka Manwah, to compel them to transfer the suit property. The respondents raised preliminary objections and submitted that the applicant was not the rightful owner of the property.
Issues
- Whether the preliminary objection dated 21st September, 2022 is merited?
- Whether the applicant meets the threshold for granting temporary injunction?
Reasoning
The court found that the applicant met the threshold for granting a temporary injunction, as they demonstrated a prima facie case, irreparable injury, and a balance of convenience in their favour.
Outcome
The preliminary objection is dismissed, and the application for a temporary injunction is granted.
Orders
- The preliminary objection is dismissed.
- The application for a temporary injunction is granted.
Remedies
- The respondents are compelled to transfer the suit property.
Authorities cited
Legislation (3)
- Oaths and Statutory Declarations Act
- Stamp Duty Act
- Evidence Act (Cap 80)
Cases cited (6)
- Giella vs Cassman Brown (1973) EA 358
- Nguruman Limited vs Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR
- Pius Kipchirchir Kogo vs Frank Kimeli Tenai [2018] eKLR
- Solomon Ndegwa Kuria v Peter Nditu Gitau [2019] eKLR
- CMC Aviation LTD v Crusair Ltd (No.1) [1987] KLR
- Kibiro Wagoro Makumi alias Kibiro Wagoro v Francis Nduati Macharia & another Murang’a ELC 63 of 2017
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