SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Michael Kirugo Kibathi v Antony Gichuki Gichau & 2 others [2013] KEHC 2050 (KLR)

[2013] KEHC 2050 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2050
Citation
[2013] KEHC 2050 (KLR)
Decided
25 September 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from the original trialCoramP. NYAMWEYA
Holding

The Plaintiff's temporary prohibitory injunction is granted

Facts

The Plaintiff claims that the suit property belongs to him, having been sold to him by the original allotee, Ituru Maendeleo Women Group. The 1st and 2nd Defendants obtained registration of the suit property by way of fraud.

Issues

  1. Ownership of the suit property
  2. Validity of the registration of the suit property

Reasoning

The Plaintiff's documents of ownership predate those of the 1st and 2nd Defendants, and the 3rd Defendant has not denied the validity of his documents.

Outcome

Granted

Orders

  • Temporary prohibitory injunction

Remedies

  • Injunction

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case