Wanyoike & another (Suing as legal representatives of Estate of Paul Gatete) v Gatete (Sued as the administrator of the Estate of Ruth Wanjiku Gatete) (Environment & Land Case E007 of 2022) [2025] KEELC 3131 (KLR) (4 April 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3131
- Citation
- [2025] KEELC 3131 (KLR)
- Decided
- 4 April 2025
Summary at a glance
TypeInterlocutory injunctionPostureApplication for temporary injunction dismissedCoramOMBWAYO
The application for interlocutory injunction is not merited and is dismissed with costs.
Facts
The plaintiffs, as legal representatives of Paul Gatete's estate, sought an interlocutory injunction against the defendant, the administrator of Ruth Wanjiku Gatete's estate, to restrain further construction on land parcel No. Nakuru Municipality Block 10/43.
Issues
- Whether the plaintiffs have established a prima facie case for an interlocutory injunction.
- Whether the plaintiffs will suffer irreparable loss if the injunction is not granted.
Reasoning
The court found no evidence of construction on the suit property and no evidence of wastage of the property. The plaintiffs have not demonstrated that they cannot be compensated in damages if they succeed in their case.
Outcome
Application dismissed
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