Abubakar Hussein Sadik v Christian Muchiri Mburu [2020] KEELC 1297 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a prima facie case was established
No prima facie case was established; the Plaintiff failed to demonstrate the alleged rescission of the 2003 sale agreement and refund of the purchase price
The Plaintiff relied only on a cheque from Kenya Post Office Savings Bank Ltd addressed to Omwancha & Company Advocates, with no proof it emanated from him, constituted the refund, or that the advocates acted for the Defendant. The Defendant had occupied the land since 2003 under the sale agreement, so no clear and unmistakable right needing urgent protection was shown.
Irreparable injury and balance of convenience
Having found no prima facie case, the court found no material right over the property in need of urgent protection and declined to interfere with the parties' possession since 2003
The Defendant had been in possession and occupation of the suit property since 2003 under the sale agreement and had undeniably been using the land. The court held the parties would have an opportunity at trial to demonstrate whether the agreement was rescinded and who owns the land; in the interim it would not disturb the status quo.
Legal principles established
#- An applicant for an interlocutory injunction must establish a prima facie case, demonstrate irreparable injury, and show the balance of convenience lies in his favour
- A prima facie case is more than an arguable case and requires evidence of an infringement of a right and probability of success at trial
Court orders
#- 1.The Plaintiff's Notice of Motion dated 11th July 2019 seeking a temporary injunction is dismissed
- 2.Costs of the application to the Defendant
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over the suit property (not expressly cited in the extract)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abubakar Hussein Sadik v Christian Muchiri Mburu [2020] KEELC 1297 (KLR)", Case Analysis (2020). Notice of Motion dated 11th July 2019 (suit particulars not stated in the extract). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1297/eng@2020-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.