Obwoge v Mwangi (Environment & Land Case E0208 of 2024) [2025] KEELC 4899 (KLR) (2 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4899
- Citation
- [2025] KEELC 4899 (KLR)
- Decided
- 2 July 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPosturePlaintiff seeks a restraining order against the defendantCoramJM ONYANGO
Holding
The court grants the plaintiff's application for a temporary injunction
Facts
The plaintiff, Peter Oreri Obwoge, is the registered owner of a parcel of land known as L.R No. 4953/2750. The defendant, Joel Muiruri Mwangi, trespassed onto the land and started constructing structures on it.
Issues
- Whether the plaintiff is entitled to an order of injunction
Reasoning
The court found that the plaintiff has established a prima facie case and will suffer irreparable damage if the injunction is not granted. The balance of convenience tilts in favor of the plaintiff.
Outcome
The application is granted
Orders
- A temporary injunction is issued restraining the defendant from entering, encroaching onto, or interfering with the plaintiff's possession and proprietary rights over the land
Remedies
- The costs of the application shall be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (2)
- Giella v Cassman Brown & Company Limited (1973) E.A 358
- Mrao v First American Bank of Kenya& 2 Others
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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