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Noor v Kisilu & another (Environment & Land Case E379 of 2024) [2025] KEELC 3774 (KLR) (13 May 2025) (Ruling)

[2025] KEELC 3774 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3774
Citation
[2025] KEELC 3774 (KLR)
Decided
13 May 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeConservatory OrdersPostureAppeal from a lower court decisionCoramAM COCKAR, Jenkins L., MOGENI
Holding

The court finds the Preliminary Objection not merited and proceeds to determine the Notice of Motion Application.

Facts

The plaintiff, Jibriel Mohamed Jama Noor, seeks conservatory orders against the 1st and 2nd defendants to prevent them from executing or presenting a lease of Apartment number 801A on parcel of land title number LR 209/380/6 Nairobi.

Issues

  1. Locus standi of the plaintiff
  2. Execution of lease

Reasoning

The court first addresses the Preliminary Objection, finding it not merited, and then proceeds to consider the Notice of Motion Application.

Outcome

The court grants the conservatory orders sought by the plaintiff.

Orders

  • Conservatory orders restraining the 1st and 2nd defendants from executing or presenting a lease of Apartment number 801A on parcel of land title number LR 209/380/6 Nairobi in favour of the 1st defendant or his nominee pending hearing and determination of the suit.
  • Costs awarded to the plaintiff

Remedies

  • Preventing the 1st and 2nd defendants from executing or presenting a lease of Apartment number 801A on parcel of land title number LR 209/380/6 Nairobi in favour of the 1st defendant or his nominee pending hearing and determination of the suit.
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.
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