DAMARIS AKINYI NONDI & another v ASGAR KHANABHAI [2011] KEHC 2670 (KLR)
- Court
- High Court of Kenya
- Case number
- 2670
- Citation
- [2011] KEHC 2670 (KLR)
- Decided
- 27 May 2011
The plaintiffs' application for a temporary prohibitory injunction is allowed, and the defendant's application for leave to defend and reverse the interim orders is disallowed.
Facts
The plaintiffs, as administrators and personal representatives of the deceased, James Opiyo Opondo, sought a temporary prohibitory injunction against the defendant, Asgar Khanabhai, to prevent him from trespassing onto the land at Kabenderani, Mariakani, known as Plot No. 1B Kawala Adjudication Section. The plaintiffs claimed the land was the property of the deceased and that the defendant was a trespasser.
Issues
- Whether the defendant has a proprietary interest in the suit property
- Whether the plaintiffs have a prima facie case against the defendant
- Whether the balance of convenience favours the issuance of an order of injunction
Reasoning
The court found that the plaintiffs had a prima facie case and that the balance of convenience favoured the issuance of an injunction. The defendant's claim was dismissed as he had no claim to the suit land and was engaged in acts that would impair the court's sovereignty.
Outcome
The plaintiffs' application for a temporary prohibitory injunction is allowed.
Orders
- The plaintiffs' application by Chamber Summons dated 7th April, 2010 is allowed with costs.
- The defendant's application by Notice of Motion dated 20th April, 2010 is disallowed, with costs to the plaintiffs.
Remedies
- Temporary prohibitory injunction against the defendant from trespassing onto the suit property
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (2)
- Kenya Ports Authority v. Triton Petroleum Company Limited
- Mureithi v. City Council of Nairobi
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