ESTHER MUTHONI GATHANGU V LUCY NJERI [2013] KEHC 4075 (KLR)
- Court
- High Court of Kenya
- Case number
- 4075
- Citation
- [2013] KEHC 4075 (KLR)
- Decided
- 18 April 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramL.N. GACHERU
Holding
The Plaintiff has failed to meet the first requirement of prima facie case, but a status quo order is issued to maintain the status quo pending the hearing and determination of the suit.
Facts
The Plaintiff is a sister to the Defendant's deceased husband, Kamau Gathangu. The Plaintiff has lived on the suit property since November 1997 and claims adverse possession. The Defendant opposes the application, stating she was not hostile to the Plaintiff but merely informed her of the Will.
Issues
- Whether the Plaintiff has met the threshold to warrant the grant of an injunction pending the hearing and determination of the suit.
- Whether the Plaintiff has a good claim of adverse possession by virtue of being in possession of the suit property for over 16 years.
Reasoning
The Court considers the Plaintiff's occupation unclear and issues a status quo order to maintain the status quo until the suit is determined.
Outcome
Status quo order issued
Orders
- The Plaintiff shall remain on portion(s) she occupies in the suit property known as Ngong/Ngong/55464 pending the hearing and determination of the suit.
- The Defendant her children or agents shall not interfere with the suit property until the suit is determined.
Remedies
- Remain on the suit property pending the suit determination.
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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