Wachana v Busienei & 5 others (Enviromental and Land Originating Summons E003 of 2024) [2024] KEELC 6140 (KLR) (26 September 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6140
- Citation
- [2024] KEELC 6140 (KLR)
- Decided
- 26 September 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from an original trialCoramEO OBAGA
Holding
The court dismissed the application as the applicant failed to establish a prima facie case with serious triable and arguable issues with a probability of success.
Facts
The applicant, Mary Masulia Wachana, claims to have purchased a portion of the suit parcel measuring approximately 0.5 acres in Eldoret Municipality/Block 14/604/49 on 23/7/1998. The respondents, including Elisha Kare Busienei, Agnes Rop, Stephen Kemboi, Phillip Kibor, Moses Sirma, Joshua Metto, and Rebecca Soi, are alleged to be in possession of the land.
Issues
- Whether the applicant has met the requirements for the grant of an Order of temporary injunction.
- Whether the application is based on the correct legal provisions and supported by material facts.
Reasoning
The court applied the 3-pillar test for granting injunctions, finding that the applicant did not satisfy the first pillar of having a prima facie case.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rule
- Environment and Land Court Act, 2015
Cases cited (3)
- Giella v Cassman Brown and Co. Ltd
- East African Industries v Trufoods
- Kenya Commercial Finance Co. Ltd v Afraha Education Society
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.
Loading judgment…