CALEB OKOTH OUKO v TOM OTIENO APOLA [2009] KEHC 3128 (KLR)
- Court
- High Court of Kenya
- Case number
- 3128
- Citation
- [2009] KEHC 3128 (KLR)
- Decided
- 29 June 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary Injunction DismissedCoramA. O. Muchelule
Holding
Application for temporary injunction dismissed with costs.
Facts
Parcel No. Central Kasipul/Kamuma/1721 measuring about 0.07 Hectares belongs to the deceased Asenath Auma Akuno. Plaintiff/Applicant is the grantee of Letters of Administration ad litem in regard to the Estate left behind. He claims Defendant/Respondent trespassed, took possession, fenced the land, and commenced construction.
Issues
- Can prohibitory injunction be granted?
- Is there a danger of property being wasted, damaged, or alienated?
Reasoning
Property is not in danger of being wasted, damaged, or alienated, and a mandatory injunction would have been more appropriate.
Outcome
Dismissed
Authorities cited
Cases cited (3)
- Giella v. Cassman Brown & Co. Ltd [1973] EA 358
- Agip (K) Ltd v. Maheshchandra Vora & Others [2000] 2 EA 285
- East African Fine Spinners Ltd and Others v. Bedi Investment Ltd Civil Application No.72 of 1994 at NBI
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.
Loading judgment…