Korari Agencies Limited v Epco Builders Limited [2013] KEHC 2074 (KLR)
- Court
- High Court of Kenya
- Case number
- 2074
- Citation
- [2013] KEHC 2074 (KLR)
- Decided
- 4 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPosturePlaintiff seeks temporary injunction against DefendantCoramMARY M. GITUMBI
Holding
The Plaintiff has reached the threshold for grant of an interlocutory injunction and the application is allowed with costs to the Plaintiff.
Facts
The Plaintiff, Korari Agencies Limited, claims ownership of the Suit Property (L.R. No. 3734/28) and alleges that the Defendant, EPCO Builders Limited, illegally entered and occupied the property without any legal right. The Plaintiff produced a Provisional Certificate of Title as evidence.
Issues
- Whether the Plaintiff has made a prima facie case with a probability of success
- Whether an award of damages is sufficient to compensate the Plaintiff for the loss of proprietary rights
Reasoning
The Plaintiff has established ownership of the Suit Property through a Provisional Certificate of Title and the Land Registration Act provisions. The court finds that damages are not a suitable remedy as the Plaintiff has a clear legal right.
Outcome
Plaintiff's application for temporary injunction granted
Orders
- Temporary injunction restraining Defendant from entering, wasting, alienating, selling, advertising for sale, charging, constructing on or interfering with the Suit Property pending the hearing and determination of the application
Remedies
- Temporary injunction
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- MRAO v. First American Bank of Kenya Limited
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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