Nzioka & another v Mutisya & 6 others (Environment & Land Case E034 of 2023) [2024] KEELC 548 (KLR) (8 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 548
- Citation
- [2024] KEELC 548 (KLR)
- Decided
- 8 February 2024
The Plaintiffs have not established a prima facie case to warrant the orders of temporary injunction as sought against the Defendants, and the Notice of Motion Application dated the 29th April, 2023 is dismissed.
Facts
The Plaintiffs claim that the Defendants are interfering with the deceased estate, alleging mental incapacity of the deceased and improper transfer of land. The Defendants oppose the application, stating that the estate is still under succession proceedings and that the Plaintiffs lack locus standi.
Issues
- Whether a temporary injunction should issue restraining the Defendants from transferring or interfering with L.R Nos. 7149/146, L.R. No.7149/147 and 7149/138 pending the hearing and determination of this suit.
- Whether the Plaintiffs have established a prima facie case to warrant the orders of interlocutory injunction as sought.
Reasoning
The Plaintiffs are not owners of the suit lands and have not indicated who is in possession of them. The matter in respect to administration of the deceased estate is pending before the High Court, and the Plaintiffs lack locus standi.
Outcome
Application dismissed
Orders
- Notice of Motion Application dated the 29th April, 2023 dismissed
Remedies
- Costs will be in the cause
Authorities cited
Cases cited (3)
- Giella vs Cassman Brown & Company (1973) EA 358
- Mrao Ltd Vs First American Bank of Kenya & 2 Others (2003) KLR 125
- Nguruman Limited v Jan Bonde Nielsen & 2 others [2014] eKLR
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