SAMWEL MURIITHI MUHORO v VINCENT MBOGORO WAINAINA [2012] KEHC 4525 (KLR)
- Court
- High Court of Kenya
- Case number
- 4525
- Citation
- [2012] KEHC 4525 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trialCoramR. OUGO
Holding
The court grants an injunction restraining the defendant from excavating or harvesting building materials on the suit premises.
Facts
The plaintiff/applicant filed a Notice of Motion seeking an injunction to prevent the defendant/respondent from excavating or harvesting building materials on the suit premises.
Issues
- Whether the defendant has a clear title to the land in dispute.
- Whether the plaintiff has a prima facie case with a probability of success.
- Whether the balance of convenience tilts in favor of the plaintiff.
Reasoning
The court finds that the plaintiff has a prima facie case with a probability of success and that the balance of convenience tilts in favor of the plaintiff.
Outcome
Injunction granted
Orders
- Injunction restraining the defendant from excavating or harvesting building materials on the suit premises
Remedies
- Injunction
Authorities cited
Legislation (2)
- Civil Procedure Rules (CAP 21) Laws of Kenya
- Registered Land Act Cap 300
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…