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Swani Coffee Estates Limited v Terra Fleur Limited & another [2021] KEHC 5670 (KLR)

[2021] KEHC 5670 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5670
Citation
[2021] KEHC 5670 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from an original trial judgmentCoramAmin, Farah Amin, Mabeya
Holding

The court granted the injunctions and orders as sought by the plaintiff.

Facts

The plaintiff, Swani Coffee Estates Limited, sued the defendants, Terra Fleur Limited and Bank of India Limited, seeking an injunction and mandatory injunction to prevent the defendants from interfering with and taking possession of the plaintiff's property located at L.R. No. 304/5.

Issues

  1. Interference with property rights
  2. Mandatory possession of property

Reasoning

The court found that the defendants had interfered with the plaintiff's property rights and ordered them to vacate the property and re-convey it to the plaintiff.

Outcome

In favor of the plaintiff

Orders

  • Injunction restraining the 1st defendant from interfering with the plaintiff's property
  • Mandatory injunction for the 1st defendant to give vacant possession of the property to the plaintiff
  • Order for the 1st defendant to re-convey the property to the plaintiff
  • Order for the 1st defendant to deliver vacant possession of the property to the plaintiff

Remedies

  • Injunctions and orders for possession and re-conveyance of property
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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