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LAIKIPIA UNIVERSITY COLLEGE v REGISTERED TRUSTEE OF CHILD WELFARE SOCIETY OF KENYA [2013] KEHC 4560 (KLR)

[2013] KEHC 4560 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
4560
Citation
[2013] KEHC 4560 (KLR)
Decided
15 March 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramL N WAITHAKA
Holding

The court declines to grant the orders sought in the application as the applicant has failed to meet the threshold for grant of interlocutory relief.

Facts

The applicant, Laikipia University College, sought an injunction against the respondent, Registered Trustee of Child Welfare Society of Kenya, to prevent them from using or occupying the suit land. The respondent had erected structures on the land and was in occupation.

Issues

  1. Whether the applicant has a prima facie case with a high likelihood of success.
  2. Whether the applicant will suffer irreparable injury if the injunction is not issued.

Reasoning

The court found no evidence that the Council attempted to repossess the plot. The respondent had erected structures on the suit land and was in occupation, and the applicant did not suffer irreparable injury.

Outcome

The application was dismissed.

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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