[2023] KEELC 17112 (KLR)

[2023] KEELC 17112 (KLR)

The appellate court found that the transfer of the suit land by the respondent was premature and contrary to the terms of the agreement, which required a further three-month period and a subsequent agreement in the event of default before transfer could occur. The trial court erred in finding the appellant in default and in dismissing the application for a temporary injunction. The appellant established a prima facie case as the transfer was effected before the contractual period lapsed. To preserve the subject matter, the balance of convenience favored granting status quo orders to prevent further dealings with the land pending determination of the suit. The appeal was therefore merited,...

Citation
[2023] KEELC 17112 (KLR)
Parties
Appellant: Joseph Mwangi Dishon; Respondent: Gilbert Kimani Marekia
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Judgment Date
27 April 2023
Case Number
Environment and Land Appeal E010 of 2022
Procedural Posture
Environment and Land Appeal / Ruling on Interlocutory Appeal
Outcome
appeal allowed
Judges
JG Kemei
Legal Topics
Temporary Injunctions, Prima Facie Case, Breach of Contract, Transfer of Land, Appellate Review
Source Language
English
Land and Property Civil Procedure Temporary Injunctions Prima Facie Case Breach of Contract Transfer of Land Appellate Review

Case Brief

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Parties

Joseph Mwangi Dishon

Appellant

Gilbert Kimani Marekia

Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Interlocutory Appeal

Legal Issues

  1. 1 Whether the trial court erred in dismissing the appellant's application for a temporary injunction.
  2. 2 Whether the transfer of the suit land was premature and contrary to the agreement between the parties.
  3. 3 Whether the appellant established a prima facie case to warrant injunctive relief.

Ratio Decidendi

The appellate court found that the transfer of the suit land by the respondent was premature and contrary to the terms of the agreement, which required a further three-month period and a subsequent agreement in the event of default before transfer could occur. The trial court erred in finding the appellant in default and in dismissing the application for a temporary injunction. The appellant established a prima facie case as the transfer was effected before the contractual period lapsed. To preserve the subject matter, the balance of convenience favored granting status quo orders to prevent further dealings with the land pending determination of the suit. The appeal was therefore merited,...

Court Disposition

appeal allowed

Orders

  • The appeal is allowed.
  • The orders of the trial court are set aside in their entirety.