[2015] KEELC 830 (KLR)
The court found that the Plaintiff had not demonstrated any rights over the suit property at this interlocutory stage that would warrant the protection of a temporary injunction. The Defendant, on the other hand, had produced a title deed in her name, indicating legal ownership. As such, the Plaintiff failed to...
Source-derived case information.
- Citation
- [2015] KEELC 830 (KLR)
- Parties
- Plaintiff: Priscila Wambui Kamau; Defendant: Margaret Wambui Kamau
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 660 of 2011
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application for Temporary Injunction
- Outcome
- application dismissed
- Judges
- MM Gitumbi
- Legal Topics
- Temporary Injunctions, Ownership Disputes, Possession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscila Wambui Kamau
Plaintiff
Margaret Wambui Kamau
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Temporary Injunction
Legal Issues
- 1 Whether the Plaintiff has established a prima facie case to warrant the grant of a temporary injunction restraining the Defendant from interfering with the suit property.
- 2 Whether the Plaintiff has demonstrated any legal rights over the suit property at this interlocutory stage.
Ratio Decidendi
The court found that the Plaintiff had not demonstrated any rights over the suit property at this interlocutory stage that would warrant the protection of a temporary injunction. The Defendant, on the other hand, had produced a title deed in her name, indicating legal ownership. As such, the Plaintiff failed to establish a prima facie case or any basis for the grant of an injunction. The application for a temporary injunction was therefore dismissed.
Court Disposition
application dismissed
Orders
- The application for a temporary injunction is dismissed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENT AND LAND COURT
ELC. CASE NO. 660 OF 2011
PRISCILA WAMBUI KAMAU……...…..….……….…..… PLAINTIFF
VERSUS
MARGARET WAMBUI KAMAU…………......……….. DEFENDANT
RULING
I have read the Notice of Motion dated 5th May 2014 and its Supporting Affidavit sworn by the Plaintiff on 2nd May 2014 seeking an order of temporary injunction restraining the Defendant from interfering with the Plaintiff’s possession of the suit property pending the hearing and determination of this application and suit.
The Defendant opposed that application and filed her Replying Affidavit sworn on 14th May 2014 which I have perused. She annexed a copy of the title deed over the suit properties in her name.
I also perused the Plaintiff’s Supplementary Affidavit sworn on 24th June 2014.
I have formed the overall impression that the Plaintiff /Applicant has not, at this juncture, shown that she has any rights over the suit property which this court would seek to protect by issuing an order of injunction. On the contrary, the Defendant/Respondent appears to hold legal rights over the same.
In the circumstances, this application is hereby dismissed. Costs shall be in the cause.
Parties are directed to arrange to engage in pre-trial procedures to pave way for the main trial.
DELIVERED AND DATED AT NAIROBI THIS 23RD
DAY OF OCTOBER 2015.
MARY M. GITUMBI
JUDGE