DICKSON ELIJAH NGUMI WAICHUHI v KAHAWA SUKARI LIMITED & 2 others [2007] KEHC 2086 (KLR)
- Court
- High Court of Kenya
- Case number
- 2086
- Citation
- [2007] KEHC 2086 (KLR)
- Decided
- 29 May 2007
A temporary injunction is issued restraining the 3rd defendant from parting with the possession and/or transferring the suit premises to his name or any other person's name until the determination of the suit.
Facts
The plaintiff, Dickson Elijah Nguni Waichuki, was allocated land by the defendant, Kahawa Sukari Ltd., in 1989. In 1997, the same land was allocated to the 2nd defendant, Eunice Njoki Ngunjiri. Ngunjiri then sold the land to the 3rd defendant, Moses Nyongesa, who constructed a house on the land.
Issues
- Ownership of land LR Ruiru Kiu Block 3/94
- Injunction to restrain the 3rd defendant from parting with possession of the land pending determination of the suit
Reasoning
The plaintiff made a prima facie case that his rights to the suit land may be infringed, and there has been no land transfer made to the 3rd defendant. The court held that pending the determination of the suit, an injunction should issue to restrain the 3rd defendant.
Outcome
The plaintiff is awarded costs of the suit.
Orders
- Injunction to issue restraining the 3rd defendant from parting with possession of land LR Ruiru Kiu Block 3/94 pending determination of the suit.
- Application for prayers against the 2nd defendant dismissed as the suit against the 2nd defendant was discontinued.
Remedies
- Injunction
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