[2015] KEELC 350 (KLR)

[2015] KEELC 350 (KLR)

The court found that the applicant failed to establish a prima facie case with a probability of success, as the respondent's actions were in compliance with a prior court order granting 5 acres of the suit land to the applicant's sons. The evidence showed the survey was for implementing this order, not for depriving the applicant or favoring children from other wives. The applicant's claim of imminent eviction was unsubstantiated, as she remained on the land and the respondent denied any intention to evict her. The court held that no irreparable harm would be suffered by the applicant that could not be compensated by damages, and thus the threshold for granting a temporary injunction or...

Citation
[2015] KEELC 350 (KLR)
Parties
Applicant: C T; Respondent: S K N
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Judgment Date
8 June 2015
Case Number
Environment & Land Case 26 of 2015
Procedural Posture
Land Case / Ruling on Interlocutory Application for Temporary Injunction and Inhibition
Outcome
application dismissed
Judges
EO Obaga
Legal Topics
Temporary Injunctions, Matrimonial Property Rights, Land Subdivision Disputes
Source Language
English
Land and Property Temporary Injunctions Matrimonial Property Rights Land Subdivision Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

C T

Applicant

S K N

Respondent

Procedural Posture

Land Case / Ruling on Interlocutory Application for Temporary Injunction and Inhibition

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from interfering with her enjoyment of the suit land.
  2. 2 Whether the applicant is entitled to an order of inhibition prohibiting dealings on the suit land pending determination of the suit.
  3. 3 Whether the applicant has established a prima facie case with a probability of success.

Ratio Decidendi

The court found that the applicant failed to establish a prima facie case with a probability of success, as the respondent's actions were in compliance with a prior court order granting 5 acres of the suit land to the applicant's sons. The evidence showed the survey was for implementing this order, not for depriving the applicant or favoring children from other wives. The applicant's claim of imminent eviction was unsubstantiated, as she remained on the land and the respondent denied any intention to evict her. The court held that no irreparable harm would be suffered by the applicant that could not be compensated by damages, and thus the threshold for granting a temporary injunction or...

Court Disposition

application dismissed

Orders

  • The application for temporary injunction and inhibition is dismissed.
  • No order as to costs.