SHAH ORIOERTY LTD & OTHERS vs PARSHOTTAM JAMNADAS GOHIL & OTHERS [2002] KEHC 1059 (KLR)
- Court
- High Court of Kenya
- Case number
- 1059
- Citation
- [2002] KEHC 1059 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunctionCoramP. J. RANSLEY
Holding
The Plaintiff has a prima facie case and can stop the Defendant from using the road reserve on their land.
Facts
The Plaintiff and Defendant have a dispute over a road reserve on the Plaintiff's property. The Plaintiff claims the road is on their property and is private, while the Defendant wishes to use it.
Issues
- Whether the Plaintiff can stop the Defendant from using the road reserve on their property.
- Whether damages would be an adequate remedy.
Reasoning
The road reserve is private land owned by the Plaintiff, and the Plaintiff has an absolute right to refuse the Defendant the right to use their land without permission.
Outcome
The Plaintiff's application for an injunction is granted.
Orders
- The Defendant is restrained from using the road reserve on the Plaintiff's land until the road reserve is surrendered to the Government.
Remedies
- Injunction
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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