Catherine K. Ondato & another v Leonard W. Obimbira [2015] KEHC 4259 (KLR)
- Court
- High Court of Kenya
- Case number
- 4259
- Citation
- [2015] KEHC 4259 (KLR)
- Decided
- 30 June 2015
The court dismissed the application as the applicants failed to establish any of the grounds set out in Giella v Cassman Brown case and there was no evidence of threats from the respondents.
Facts
The applicants filed a notice of motion seeking an injunction against the respondent in respect of land parcels Bunyala/Bulemia/2622 and 2623. The title for Bunyala/Bulemia/2623 was closed on 10th February, 2014, and the land was registered in the joint names of several individuals. The suit was filed about ten months after the title was closed.
Issues
- Whether the applicants have established any of the grounds set out in Giella v Cassman Brown case for the issuance of injunction orders.
- Whether the respondents have threatened to enter the land and cause damage or destruction.
Reasoning
The court found that the land parcels in question no longer exist due to subdivision, and the applicants did not provide sufficient evidence to support their claims.
Outcome
Application dismissed with costs
Authorities cited
Cases cited (1)
- Giella v Cassman Brown
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