PETER TIRAS KANYAGO v NAZARETH SISTERS OF ANNUNCIATION GENERALATE REGISTERED TRUSTESS [2008] KEHC 3467 (KLR)
- Court
- High Court of Kenya
- Case number
- 3467
- Citation
- [2008] KEHC 3467 (KLR)
The court granted a temporary injunction restraining the Defendant from interfering with the Plaintiff's right of way over LR No. 10194/1 pending the hearing and determination of the suit.
Facts
Peter Tiras Kanyago purchased LR No. 10194/1 in 1979. William Henry Albert Botto granted Kanyago a right of way over LR No. 10194/2. Botto subdivided his land and sold LR No. 10194/4 to Justus Kariuki, who later sold it to the Defendant. The surveyors did not factor in the easement, and the Plaintiff claims the easement was not properly enforced in the subsequent title.
Issues
- Whether the Plaintiff has made out a prima facie case with a probability of success at the trial
- Whether the Defendant's actions constitute unlawful acts threatening the Plaintiff's legal rights
Reasoning
The court considered the necessary conditions for the grant of an interlocutory injunction and found that the Plaintiff had made a prima facie case with a probability of success at the trial.
Outcome
Granted
Orders
- Temporary injunction restraining the Defendant from interfering with the Plaintiff's right of way over LR No. 10194/1 pending the hearing and determination of the suit
Remedies
- Maintenance of status quo pending the hearing and determination of the suit
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- GUELLA V. CASSMAN BROWN & co. ltd
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