STEPHEN NJOROGE GICHUHA V FRED NYAGAKA ONGARORA [2013] KEHC 2695 (KLR)

Facts

The plaintiff, Stephen Njoroge Gichuha, filed a suit against the defendant, Fred Nyagak Ongarora, seeking a permanent injunction to restrain the defendant from interfering with the suit property. The defendant filed a statement of defence and counter-claim, seeking a declaration that the 2nd defendant holds the suit property in trust for him and an order for transfer of the property.

Issues

1. Whether the interim orders issued in favour of the defendant should be vacated or confirmed?
2. Whether the defendant's defence and counter-claim should be struck out?
3. Whether summary judgment should be entered in favour of the plaintiff and against the defendant?

Reasoning

The defendant has established a prima facie case with a probability of success, and the balance of convenience tilts in favour of the person in possession (the defendant).

Outcome

The plaintiff's applications are dismissed, and the interim orders issued in favour of the defendant are confirmed.

Authorities cited