ALICE MUHONJA v KENNETH LITSWA ASEGA [2009] KEHC 359 (KLR)
- Court
- High Court of Kenya
- Case number
- 359
- Citation
- [2009] KEHC 359 (KLR)
- Decided
- 29 October 2009
An interlocutory injunction is granted to restrain the respondent from demolishing the house in which the applicant lives on the suit property.
Facts
Alice Muhonja filed an application for revocation of a grant issued to Samuel Madaga Sabali, and for an interlocutory injunction to restrain Kenneth Litswa Asega from evicting her and from entering onto, using or cultivating the suit property. The respondent, Litswa Asega, was harassing the applicant by demolishing her house.
Issues
- Ownership of the suit property
- Revocation of the grant
- Interlocutory injunction
Reasoning
The applicant has demonstrated a prima facie case with a probability of success regarding the ownership of the suit property. The respondent is an innocent purchaser for value, but the applicant has raised serious issues regarding the conduct of the person who sold the property to the respondent.
Outcome
Alice Muhonja wins the application for revocation of the grant and for an interlocutory injunction.
Orders
- An interlocutory injunction is granted to restrain the respondent from demolishing the house in which the applicant lives on the suit property.
- The application for revocation is heard and determined as a matter of priority.
Remedies
- Interlocutory injunction to restrain the respondent from demolishing the house in which the applicant lives on the suit property.
- Interlocutory injunction to restrain the respondent from entering onto, using or cultivating the suit property.
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