Omware v Sensual Luxury Property Ltd (Enviromental and Land Originating Summons E021 of 2025) [2026] KEELC 1357 (KLR) (10 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1357
- Citation
- [2026] KEELC 1357 (KLR)
- Decided
- 10 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironmental and Land Originating SummonsPostureAppeal from a final orderCoramHON. A. Y. KOROSS
Holding
The court dismisses the suit and strikes it out with the applicant bearing her own costs.
Facts
The applicant, Omware, initiated a suit under Order 37, Rules 1-20 of the Civil Procedure Rules, seeking an injunction to prevent the respondent, Sensual Luxury Property Ltd, from selling or transferring the suit property until October 30, 2023. However, the respondent entered into a sale agreement with a third party on October 26, 2023, and paid a deposit. The applicant then requested injunctive relief.
Issues
- Whether the applicant can obtain injunctive relief
- Whether the suit is competent and should proceed
Reasoning
The court finds that the applicant should have moved the court by a plaint and that the suit is barred by Order 37 Rule 8 of the CPR, making it incompetent.
Outcome
The suit is dismissed and the applicant is ordered to bear her own costs.
Orders
- The applicant’s suit is hereby struck out with the applicant bearing her own costs.
- File is hereby effectively marked as closed.
Authorities cited
Cases cited (1)
- Ngomeni Swimmers Ltd v The Commissioner Of Lands & c18 others [2013] KEHC 584 (KLR)
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…