PRABHAGAURI SHASHIKANT MARU V PEPE LIMITED [2008] KEHC 2754 (KLR)
- Court
- High Court of Kenya
- Case number
- 2754
- Citation
- [2008] KEHC 2754 (KLR)
- Decided
- 10 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunction and other ordersCoramB.P. KUBO
Holding
The court granted the injunction permanently restraining the defendant from using, wasting, damaging and/or alienating the suit property.
Facts
The plaintiff/applicant is the administrator of the estate of the late Shashikant Lalji Maru. The defendant/respodent has been using, wasting, damaging and interfering with the suit property, Plot No. L.R. 337/912, a private railway line.
Issues
- Whether the defendant has infringed on the rights of the administrator of the estate of the late Shashikant Lalji Maru.
- Whether the plaintiff/applicant has a right to the suit property and the injunction should be granted.
Reasoning
The court found that the plaintiff/applicant has a right to the suit property and that there are high chances of success on the suit property involved.
Outcome
Granted the application for injunction and other orders.
Orders
- Injunction permanently restraining the defendant from using, wasting, damaging and/or alienating the suit property.
- Restraining the defendant from committing a continuous breach, trespass, usage, damage, injury and/or removal of a private railway line.
- Providing vacant possession to the plaintiff/applicant.
Remedies
- Injunction
- Vacant possession
Authorities cited
Legislation (1)
- Civil Procedure Orders
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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