Paul Lusame Nyongesa v Meshack Barasa & Another [2014] KEHC 6865 (KLR)

Facts

Paul Lusame Nyongesa claims to own 1.5 acres of land in Kolongolo area, Trans-Nzoia, which he bought in 2009. Meshack Barasa and George Situma claim to own half an acre each of the land, which they bought from Lusame Nyongesa's father.

Issues

1. Whether the applicant has a prima facie case with a probability of success for an injunction.
2. Whether the balance of convenience tilts in favor of the applicant for an injunction.

Reasoning

The court doubts the applicant's father would sell 1.5 acres to his son and then sell the same land to others. The applicant did not explain why he got a transfer of 1.5 acres if he had bought one acre. The balance of convenience tilts against the applicant.

Outcome

Appeal dismissed