M’mwambi v Mikwa & another (Civil Suit 24 of 2012) [2012] KEHC 2165 (KLR) (27 September 2012) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2165
- Citation
- [2012] KEHC 2165 (KLR)
- Decided
- 27 September 2012
The court finds that the applicant has not laid sufficient basis for the court to grant orders of inhibition and orders of injunction against the defendants/respondents.
Facts
The plaintiff/applicant bought land from the 1st defendant on 4th June, 2005. The 1st defendant subsequently sold the land to the 2nd defendant, who now occupies it. The plaintiff claims specific performance of the contract and seeks orders of inhibition and injunction.
Issues
- Whether the applicant has a prima facie case for specific performance of the contract
- Whether the applicant has sufficient basis for the court to grant orders of inhibition and injunction
Reasoning
The court notes that the applicant must fulfill legal requirements for enforcement of a contract of sale of agricultural land, including demonstrating a prima facie case with probability of success. The court finds that the applicant has not met these requirements.
Outcome
The application for inhibition and injunction is dismissed.
Authorities cited
Legislation (2)
- Land Control Act (Cap.302)
- Land Registration Act, 2012 (No.3 of 2012)
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