John Kinyua Rimberia v Sarah Mosiori & another [2014] KEHC 2518 (KLR)
- Court
- High Court of Kenya
- Case number
- 2518
- Citation
- [2014] KEHC 2518 (KLR)
- Decided
- 3 October 2014
The court finds that the plaintiff has not established a prima facie case with a probability of success against the 1st defendant. The court orders that the parties maintain the status quo until the suit is heard and determined.
Facts
The plaintiff claims to be the registered owner of plot C1851 and has been a member of Embakasi Ranching Company Limited since 1976. He alleges that the 1st defendant has constructed a structure on the plot and is preventing him from accessing it.
Issues
- Ownership of plot C1851
- Whether the plaintiff has a prima facie case with a probability of success
Reasoning
The court cannot determine who is the actual owner of the plot due to conflicting claims. The court orders that no party should effect further development or purport to alienate the property until the suit is heard.
Outcome
The application for an injunction is dismissed. The parties are ordered to maintain the status quo.
Orders
- Status quo maintained on the terms outlined above
Loading judgment…