Ronald Okendo Mungusa v Emmah Wambui Kimani [2014] KEHC 8460 (KLR)
- Court
- High Court of Kenya
- Case number
- 8460
- Citation
- [2014] KEHC 8460 (KLR)
- Decided
- 6 November 2014
The court grants the interim injunction, confirming the ex parte orders to subsist for 12 months or until the final trial, whichever comes first.
Facts
Ronald Okendo Mungusa seeks an interim injunction against Emmah Wambui Kimani to prevent her from trespassing and interfering with his ownership and possession of Plot No. 7 Kiambiu Settlement Scheme, including the building and improvements on it. Mungusa claims he bought the property from Lucy Njeri Karogo in May 2012 and has developed it, while Kimani has made threats to demolish his structures and initiate criminal proceedings.
Issues
- Ownership of Plot No. 7 Kiambiu Settlement Scheme
- Right to Interim Injunction
Reasoning
The court finds prima facie that Mungusa is the owner of the plot, supported by evidence of the sale agreement and beacon certificate. The court grants the injunction due to the imminent threats of demolition and harassment, citing the provisions of Order 40 Rule 1 of the Civil Procedure Rules.
Outcome
In favor of the Plaintiff
Orders
- Interim Injunction to restrain Defendant from trespassing and interfering with Plaintiff's ownership and possession of Plot No. 7 Kiambiu Settlement Scheme until the final trial or 12 months, whichever comes first
Remedies
- Interim Injunction
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