Kitonyi Masulu Tuke v Mbenyia Mbolu & 2 others [2018] KEHC 8545 (KLR)
- Court
- High Court of Kenya
- Case number
- 8545
- Citation
- [2018] KEHC 8545 (KLR)
- Decided
- 29 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureInterlocutory Application for InjunctionCoramHonourable court
Holding
The application is dismissed with costs to the respondents.
Facts
The plaintiff, Kitonyi Masulu Tuke, seeks an injunction against the defendants, Mbenyia Mbolu and Muli Mbenyia, to prevent them from trespassing, wasting, constructing, scooping sand, burning charcoal, grazing livestock, farming/cultivating, alienating, or interfering with the suit property, title number MAKUENI/KAKO/238.
Issues
- Whether the plaintiff has a prima facie case with probability of success.
- Whether the plaintiff will suffer irreparable loss if the injunction is not granted.
- Whether the balance of convenience tilts in favor of the respondents.
Reasoning
The court finds that the plaintiff has not established a prima facie case with probability of success and has not demonstrated irreparable loss. The balance of convenience tilts in favor of the respondents.
Outcome
Dismissed
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.
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