Japhet Mwakala v Linda Wavinya Kilonzo & 3 Others [2014] KEHC 4449 (KLR)
- Court
- High Court of Kenya
- Case number
- 4449
- Citation
- [2014] KEHC 4449 (KLR)
- Decided
- 20 June 2014
The court grants the plaintiff's application for a restraining order pending the hearing of the suit, finding in favor of the plaintiff and ordering the third defendant to refrain from selling, disposing of, transferring, or dealing with the land pending the trial.
Facts
The plaintiff, Japhet Mwakala, was allotted land by the Commissioner of Lands on November 6, 1998. In July 2003, he discovered that the land was actually allotted to the first respondent, Linda Wavinya Kilonzo, who subsequently transferred it to the second respondent, Hassan Huri, who in turn transferred it to the third respondent, Abdulrazak Huri Ibrahim. The plaintiff claims the allocation was illegal and seeks a restraining order.
Issues
- Validity of the allocation of the land to the first respondent
- Balance of convenience
Reasoning
The court determined that the allocation of the land to the first respondent was illegal and that the plaintiff had a balance of convenience in favor of his claim. The court will consider evidence on this issue at the trial.
Outcome
Granting of restraining order
Orders
- Restraining order against the third defendant pending the hearing of the suit
Remedies
- Restraining order
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