MOSES MTHENGE NDIVO V MARIA KIVINYA NDIVO [2012] KEHC 5685 (KLR)
- Court
- High Court of Kenya
- Case number
- 5685
- Citation
- [2012] KEHC 5685 (KLR)
- Decided
- 26 July 2012
The Plaintiff has established a prima facie case for an injunction and the application is allowed.
Facts
The Plaintiff, Moses Mthenge Ndivo, seeks an injunction from the Defendant, Maria Kivinya Ndivo, to prevent her from interfering with his ownership and possession of land parcels titled Dagoretti/Uthiru/1901 to 1913, inclusive. The Plaintiff claims these properties were inherited from his deceased mother, Zipporah Mweru Ndivo, and he has produced title deeds and a will.
Issues
- Ownership of the land parcels
- Fraud allegations by the Defendant
Reasoning
The Plaintiff has produced evidence of his ownership, while the Defendant has not. The issues of fraud and adverse possession will be decided after full trial.
Outcome
The Plaintiff's application is allowed, and the Defendant is restrained from interfering with the Plaintiff's ownership and possession of the land parcels.
Orders
- Temporary injunction restraining the Defendant from interfering with the Plaintiff's ownership and possession of the land parcels
Remedies
- Injunction
Authorities cited
Cases cited (1)
- Giella vs Cassman Brown & Co Ltd, (1973) EA 358
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