CYRUS NYORI MBUGUA v VOLTA INSURANCE CONSULTANT LTD [2008] KEHC 1391 (KLR)
- Court
- High Court of Kenya
- Case number
- 1391
- Citation
- [2008] KEHC 1391 (KLR)
- Decided
- 27 August 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterim InjunctionPostureApplication for Interim Injunction GrantedCoramR.P.V. WENDOH
Holding
The court grants an interim injunction restraining the Defendant from interfering with the Plaintiff's quiet enjoyment of the suit land pending the hearing and determination of the suit.
Facts
The Plaintiff, Cyrus Nyori Mbugua, claims to be the proprietor of land LR 18469, IR 77465 in Mavoko Township. On August 2, 2008, he alleges that the Defendant, Volta Insurance Consultant Ltd, trespassed on his land and interfered with beacons by digging trenches.
Issues
- Interim Injunction to restrain Defendant from interfering with Plaintiff's land
- Confirmation of interim orders
Reasoning
The court finds that the Plaintiff is the sole proprietor of the disputed land and has demonstrated a prima facie case with good chances of success.
Outcome
Interim injunction granted
Orders
- Interim injunction restraining the Defendant from interfering with the Plaintiff's land
Remedies
- Costs to be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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