Agendi Investments Limited v Naftali Maina Kihara & another [2014] KEHC 52 (KLR)

Facts

The plaintiff, Agendi Investments Limited, claims to have bought the suit property from Mary Nduta Rukwaro in 1996, but alleges that the 1st defendant, Naftali Maina Kihara, fraudulently transferred the property to himself. The plaintiff seeks an interlocutory mandatory injunction to prevent the 1st defendant from interfering with the plaintiff's members' possession of the property.

Issues

1. Should the court grant an interlocutory mandatory injunction?
2. Who is in occupation of the suit property?

Reasoning

The court finds that the application is not a clear case to warrant the grant of an interlocutory mandatory injunction. The issue of who is in occupation of the suit property is unclear, and the plaintiff has not provided evidence that these individuals are members of the plaintiff's group.

Outcome

Motion dismissed with costs to the 1st defendant.

Authorities cited