Julius Nyutu Nduati v Muka Mukuu Farmers Co-operative Society [2016] KEHC 286 (KLR)
- Court
- High Court of Kenya
- Case number
- 286
- Citation
- [2016] KEHC 286 (KLR)
- Decided
- 16 December 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureNotice of Motion for Temporary InjunctionCoramL.GACHERU
Holding
Plaintiff's Notice of Motion is merited and allowed, and a temporary injunction is granted to restrain Defendant from interfering with Plaintiff's plot number 22.
Facts
Plaintiff Julius Nyutu Nduati purchased a plot of land from Defendant Muka Mukuu Farmers Co-operative Society in 2003. The Defendant has been evicting bonafide owners and purchasers, including the Plaintiff, and has been conducting unfair transfer procedures.
Issues
- Plaintiff's ownership of plot number 22
- Defendant's right to evict Plaintiff
- Plaintiff's right to occupy and own the plot
Reasoning
The Court finds that the Plaintiff has a prima facie case and that the Defendant's actions pose a real danger to the Plaintiff's family. The Court also finds that the balance of convenience tilts in favor of the Plaintiff.
Outcome
Plaintiff's Notice of Motion is allowed.
Orders
- Temporary injunction restraining Defendant from interfering with Plaintiff's plot number 22
Remedies
- Costs to be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…