[2011] KEHC 959 (KLR)
The court considered whether the applicant had established a prima facie case with a probability of success and whether he would suffer irreparable harm if the injunction was not granted. The applicant demonstrated that he is the registered owner of the leasehold interest in the suit property and that the respondent...
Source-derived case information.
- Citation
- [2011] KEHC 959 (KLR)
- Parties
- Plaintiff: Kaimba Mungaara; Respondent: Municipal Council of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 48 of 2009
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- Temporary injunction granted pending hearing and determination of the suit.
- Judges
- JW Lessit
- Legal Topics
- Interlocutory Injunctions, Land Ownership Disputes, Quiet Possession, Eviction, Temporary Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaimba Mungaara
Plaintiff
Municipal Council of Meru
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from interfering with the applicant's use and occupation of Meru Municipality Block 11/316 pending determination of the suit.
- 2 Whether the applicant has demonstrated a prima facie case with a probability of success to warrant the grant of an injunction.
- 3 Whether the applicant will suffer irreparable harm if the injunction is not granted.
Ratio Decidendi
The court considered whether the applicant had established a prima facie case with a probability of success and whether he would suffer irreparable harm if the injunction was not granted. The applicant demonstrated that he is the registered owner of the leasehold interest in the suit property and that the respondent was threatening to interfere with his possession and developments thereon. The court found that the applicant would suffer irreparable harm that could not be adequately compensated by damages if the respondent was not restrained. Accordingly, the court was satisfied that the conditions for the grant of a temporary injunction had been met and granted the orders sought pending...
Court Disposition
Temporary injunction granted pending hearing and determination of the suit.
Orders
- A temporary injunction is granted restraining the respondent, its agents, servants, employees, assigns or anybody else acting on its behalf from interfering with the plaintiff's quiet user, occupation and development of Meru Municipality Block 11/316 pending further orders of the court or pending the hearing and...
- A temporary injunction is granted restraining the respondent, its agents, servants, employees, assigns or anybody else acting on its behalf from interfering with the plaintiff's quiet user, occupation and developments on Meru Municipality Block 11/316 pending the hearing and determination of the suit.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL CASE NO. 48 OF 2009
LESIIT J.
KAIMBA MUNGAARA.............................................PLAINTIFF
VERSUS
MUNICIPAL COUNCIL OF MERU........................RESPONDENT
RULING
The application is brought by way of a Notice of Motion dated 26th October 2011. It is brought under Order 40 rule 1 & 2 of the Civil Procedure Rules and section 1A & 1B of the Civil Procedure Act Cap 21 Laws of Kenya.
It seeks the following orders:
1. …
2. That this honourable court be pleased to grant an order of temporary injunction restraining the Respondent, its agents, servants, employees, assigns or anybody else acting on its behalf or behest from interfering with the Plaintiff’s/Applicant’s quiet user, occupation and development of all that parcel of land known as Meru Municipality Block 11/316 pending further orders of this court or pending the hearing and determination of this application.
3. That this honorable court be pleased to grant an order of temporary injunction restraining the Respondents, its agents, servants, employees, assigns or anybody else acting on behalf or behest from interfering with the plaintiff/applicants quiet user, occupation and the developments thereon of all that parcel of land known as Meru Municipality Block 11/316 pending the hearing and determination of the suit..
4. That costs be borne by the Respondent.
The application is premised on the following grounds:
(a)That the Respondent is threatening to evict and estop the applicant from continuing with his developments over all that parcel of land known as Meru Municipality Block 11/316.
(b)That the applicant is the registered owner of the lease hold interest of all that parcel of land known as Meru Municipality Block 11/316.
(c)That it is only fair just and equitable that the orders sought be granted as the applicant shall suffer irreparably.
DATED, SIGNED AND DELIVERED THIS 17TH DAY OF NOVEMBER, 2011
J. LESIIT
JUDGE