Waita v David & another (Environment and Land Appeal 10 of 2022) [2024] KEELC 6070 (KLR) (18 September 2024) (Ruling)

Summary at a glance

Facts

Matha Mwelu Waita claims to be the beneficial owner of Plot No. 1324 at Kiu Settlement Scheme No. 7, and alleges that Respondents have trespassed, destroyed her property, subdivided the land, and offered it for sale to third parties.

Issues

• Whether the Applicant has met the threshold for grant of a temporary injunction pending the hearing and determination of the appeal
• Whether the application is devoid of merit and ought to be dismissed

Reasoning

The court considers the principles for the grant of a temporary injunction pending appeal and finds that the Applicant has established a prima facie case with a probability of success.

Outcome

Appeal granted

Orders

• A temporary injunction do issue against the Respondents to maintain the status quo pending the hearing and determination of the appeal

Remedies

• Maintain the status quo pending the hearing and determination of the appeal

Authorities cited