Cornel Oduor Amam v Dan Odhiambo Ogwany [2014] KEHC 2312 (KLR)
- Court
- High Court of Kenya
- Case number
- 2312
- Citation
- [2014] KEHC 2312 (KLR)
- Decided
- 7 October 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureApplication for InjunctionCoramA.K. KANIARU – JUDGE
Holding
The application is allowed with costs to abide the outcome of the main suit.
Facts
Cornel Oduor Amam is the bonafide owner and sole proprietor of KISUMU/KORANDO/742. Dan Odhiambo Ogwany entered the land through his agents and started cultivating it.
Issues
- Whether the plaintiff has a primafacie case of ownership.
- Whether the plaintiff will suffer irreparable loss.
- Whether the balance of convenience favours the plaintiff.
Reasoning
The plaintiff is the current legal owner and the defendant has instructed those cultivating the land to do so. The plaintiff has a primafacie case and the balance of convenience lies in plaintiff's favour.
Outcome
Allow the application with costs to abide the outcome of the main suit.
Orders
- Allow the application for injunction.
Remedies
- Injunction to restrain the defendant from trespassing, developing, dealing, disposing or interfering with plaintiff's occupation, user, and possession of the suit property.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Civil Procedure Rules, 2010
Cases cited (2)
- GIELLA VS CASSMAN BROWN LIMITED (1973) E.A 358
- KENYA HOTELS LIMITED V KENYA COMMERCIAL BANK LTD AND ANOTHER (2004) 1KLR 80
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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