ELIAS MAINA MUTHUMBI V MAHIIRA HOUSING COMPANYLTD [2012] KEHC 1044 (KLR)
- Court
- High Court of Kenya
- Case number
- 1044
- Citation
- [2012] KEHC 1044 (KLR)
- Decided
- 26 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for injunction grantedCoramR. OUGO
Holding
Granting an injunction to prevent the defendant from doing anything adverse to the plaintiff's interest in plot No. 796 on L.R. 10901/37 until the suit is heard and determined.
Facts
Elias Maina Muthambi claims to be the legal and registered owner of plot No. 796 on L.R. 10901/37, Kahawa, south of Ruiru Town. He alleges that Mahiira Housing Company and its agents have trespassed on his property since 1989, erecting structures and interfering with his development efforts.
Issues
- Ownership dispute
- Trespass and interference with property
Reasoning
The plaintiff demonstrated a prima facie case with a probability of success, and the balance of convenience tilts in his favor.
Outcome
Granting of injunction
Orders
- Defendant shall not do anything adverse to the plaintiff's interest in plot No. 796 on L.R. 10901/37 until the suit is heard and determined
Remedies
- Injunction
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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