Mwangi v Muhuhi & another (Civil Suit E9 of 2024) [2024] KEMC 141 (KLR) (30 July 2024) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 141
- Citation
- [2024] KEMC 141 (KLR)
- Decided
- 30 July 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from original trialCoramALOYCE-PETER-NDEGE
Holding
An order of temporary injunction is granted.
Facts
Stephen Kaguri Mwangi is the legal allottee and beneficial owner of Plot No. 40 at Mbaruk Shopping Centre. Justus Kiragu Muhuhi claims to have acquired and trespassed onto the property.
Issues
- Whether the plaintiff has established a prima facie case for a temporary injunction.
- Whether the balance of convenience is in favor of the plaintiff.
Reasoning
The plaintiff has established a prima facie case and the balance of convenience is in his favor.
Outcome
Grant of temporary injunction
Orders
- An order of temporary injunction is issued restraining the defendant from dealing with the suit property.
Remedies
- Costs of the application are to be borne by the defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Mrao Ltd V First American Bank of Kenya Ltd [2003] EKLR
- Nguruman Limited v Jan Bonde Nielsen and 2 others CA No.77 of 2012 [2014] eKLR
- Hezron Kamau Gichuru v Kianjoya Enterprises Limited and Another [2022] eKLR
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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