RAJAB KATEKE, ABDILAHI HAMISI DAHAB, ANDREW OCHIENG, DAVID MBUGUA & 4 others v MUNICIPAL COUNCIL OF MOMBASA, PRABULA SHAH, JITENDRA M. KANABA, MR. SUTHIR & another (Civil Suit 354 of 1993) [2006] KEHC 2312 (KLR) (31 May 2006)

Facts

The applicants, Rajab Kateka, Abdilahi Hamisi Dahab, Andrew Mbugua, David Mbugua, Hastings Thuku, Said Awadh, James Onyango Khanda, and Raphael Gondi, sought a temporary injunction to restrain the Municipal Council of Mombasa, Prabula Shah, Jitendra Kanaba, Mr. Suthir, and Omicron Investment from interfering with their peaceful occupation and enjoyment of Plot No. 740/V/MN pending the hearing and determination of the suit.

Issues

1. Whether the applicants have a prima facie case with a probability of success.
2. Whether the applicants are likely to suffer irreparable loss.
3. Whether the court should consider the balance of convenience.

Reasoning

The applicants have no registered interest over the land because the memorandum of understanding was not registered nor noted in the register of the suit premises. The applicants have not demonstrated that they have a prima facie case with a probability of success against the 5th Respondent whose interest is superior in view of the fact that the 5th Respondent has title to the suit premises. The damage anticipated is ascertainable, and the applicants will not suffer irreparable loss.

Outcome

The application is dismissed with costs to the 5th Respondent.