Samuel Ndungu Grace v Isaac Gathungu Wanjohi & another [2016] KEHC 7467 (KLR)

Facts

Plaintiff claims to be the beneficial owner of the suit property and seeks to obtain the original title deed for a loan facility. Plaintiff alleges that he has already paid the full purchase price but the Defendant has not provided the completion documents.

Issues

1. Whether to grant mandatory injunction to compel Defendant to hand over original title and discharge of charge
2. Whether Plaintiff has met the threshold for the grant of mandatory injunction

Reasoning

Court cannot determine ownership of suit property at interlocutory stage and Plaintiff has not demonstrated special circumstances warranting mandatory injunction. Defendants are not privy to the sale agreement and Plaintiff has failed to meet threshold for mandatory injunction.

Outcome

Application dismissed

Authorities cited