Francis Mbugua Kamau & another v Saikimba Ole Lekishapui [2017] KEELC 1789 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs established a prima facie case with a probability of success
No prima facie case was established; the Plaintiffs produced no sale agreement, no certified survey documents, no green card extract and no Land Control Board consent, and the parent title no longer exists having been subdivided and sold to third parties
The Plaintiffs claimed their father bought 9.6 acres in 1974 but furnished no sale agreement. The Boundary Certificate bore inconsistent dates (1977 and 1979) versus the Mutation form (1977), unexplained and uncertified by the Director of Survey. The alleged LCB consent was never annexed. The land was already subdivided, titles issued to third parties on 19th January 2016, and the Plaintiffs were out of possession, rendering injunctive relief futile. The Court also noted unexplained delay and prior Tribunal proceedings adopted by the court.
Legal principles established
#- An applicant for an interlocutory injunction must demonstrate a prima facie case with probability of success, irreparable injury not compensable in damages, and failing which the balance of convenience decides.
Court orders
#- 1.The Plaintiffs' application dated 10th November, 2015 is disallowed
- 2.Costs in the cause
- Jurisdiction invoked
- Order 40 Rules 1, 2 and 3 and Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Francis Mbugua Kamau & another v Saikimba Ole Lekishapui [2017] KEELC 1789 (KLR)", Case Analysis (2017). Notice of Motion dated 10th November, 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1789/eng@2017-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.