Pothiwala v Ultra-Modern Homes Limited (Land Case E099 of 2024) [2025] KEELC 6279 (KLR) (25 September 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6279
- Citation
- [2025] KEELC 6279 (KLR)
- Decided
- 25 September 2025
Summary at a glance
TypeInterim InjunctionPostureApplication for Interim Injunction DismissedCoramYM ANGIMA
The court finds and holds that the plaintiff has failed to satisfy the principles for the grant of the temporary injunction sought.
Facts
The plaintiff Hussein H Pothiwala claimed that the defendant Ultra-Moderen Homes Limited was constructing on parcel 381 in a negligent manner, causing damage to his adjacent property Mombasa/Block X/401. The defendant claimed that some accidental damage had occurred and had taken precautions to prevent future damage.
Issues
- Whether the plaintiff has demonstrated a prima facie case with a probability of success at the trial.
- Whether the plaintiff might otherwise suffer irreparable injury which cannot be compensated by an award of damages.
- Whether the court should decide the application on a balance of convenience.
Reasoning
The court finds that the purpose of an interim injunction is to prevent present and future threats and not to remedy past actions. The damage which occurred before the filing of the suit cannot be remedied through an injunction unless there is some evidence that the defendant has threatened to cause further damage.
Outcome
The plaintiff's notice of motion dated 22.11.2024 is hereby dismissed with costs in the cause.
Orders
- The plaintiff's notice of motion dated 22.11.2024 is hereby dismissed with costs in the cause.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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