[2009] KEHC 3850 (KLR)
The court found that the plaintiff had established a prima facie case based on the sale agreement and supporting documents showing payment and possession. The defendant failed to contest the application or present any evidence. The court was satisfied that the plaintiff was entitled to protection by way of a...
Source-derived case information.
- Citation
- [2009] KEHC 3850 (KLR)
- Parties
- Plaintiff: Reagan Magoti; Defendant: Felistus N. Muliro
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 147 of 2008
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunction Application
- Outcome
- Application for interlocutory injunction allowed with costs to the plaintiff.
- Legal Topics
- Sale of Land, Specific Performance, Interlocutory Injunctions, Eviction Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reagan Magoti
Plaintiff
Felistus N. Muliro
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff has established a prima facie case for the grant of an interlocutory injunction restraining the defendant from evicting, harassing, or intimidating him from the suit property.
- 2 Whether the plaintiff is entitled to protection pending the hearing and determination of the main suit.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case based on the sale agreement and supporting documents showing payment and possession. The defendant failed to contest the application or present any evidence. The court was satisfied that the plaintiff was entitled to protection by way of a temporary injunction to restrain the defendant from evicting, harassing, or intimidating him pending the hearing and determination of the main suit. The application for interlocutory injunction was therefore allowed with costs to the plaintiff.
Court Disposition
Application for interlocutory injunction allowed with costs to the plaintiff.
Orders
- The defendant is restrained by means of an interlocutory injunction from forcefully and unlawfully evicting the plaintiff, harassing, or intimidating him while in occupation of Eldoret Municipality/Block 21 (King’ong’o) 2238 and 2239.
- The application dated 28th October, 2008 is allowed with costs to the plaintiff.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL SUIT 147 OF 2008
REAGAN MAGOTI:……………...……………………………PLAINTIFF
VERESUS
FELISTUS N. MULIRO:…………………………….……….DEFENDANT
R U L I N G
The Plaintiff/Applicant entered into sale Agreement with the Defendant/Respondent over a parcel of land known as Block 21 (King’ong’o) 442 at the agreed price of Kenya shillings three hundred thousand. The Plaintiff states that he paid in full and took possession. During some time there arose some dispute as to the ownership of the parcel of land and the Plaintiff was shown an alternative plot to occupy by the Defendant while the resolved she dispute. Later the defendant attempted to evict the Plaintiff from the parcel of land and hence these proceedings.
By a chamber summons brought under Order XXXIX rules 1 and 2 of the Civil Procedure Act the Plaintiff/Applicant prays that the defendant be restrained by means of an interlocutory injunction from forcefully and unlawfully evicting the Plaintiff, harassing and intimidating him while in occupation of the land parcel known as Eldoret Municipality/Block 21 (King’ong’o) 2238 and 2239. The Plaintiff swore an affidavit to support his application. He annexed thereto the Sale Agreement and a heap of other documents showing the transactions between the parties herein.
The Defendant/Respondent filed no papers at all and did not attend court.
Mr. Kigamwa learned counsel for the Applicant submitted that the Plaintiff had made out a prima facie case and was entitled to a grant of an injunction.
I have considered the Application. I have seen the annexed sale Agreement and a series of letters between the Plaintiff and the Defendant. From the annexetures and the affidavits it is clear that the Plaintiff has made out a prima facie case with a probability of success at trial. I am satisfied that on the facts before court the Plaintiff has earned a Grant of a temporary injunction and I hereby allow the application dated 28th October,2008 with costs.
Orders accordingly.
DATED AND DELIVERED AT ELDORET THIS 13th DAY OF MAY 2009
P.M.MWILU
JUDGE
IN THE PRESENCE OF:-
Paul Ekitela - Court clerk
N/A - Advocate for the Applicant
N/A - Advocate for the Defendant