[2012] KEHC 1363 (KLR)
The court found that the plaintiff/applicant had satisfied the established legal conditions for the grant of interim injunctions as set out in Giella v Cassman Brown & Co. Ltd. The court was persuaded by the evidence and submissions presented by the plaintiff, and in the absence of opposition from the defendant,...
Source-derived case information.
- Citation
- [2012] KEHC 1363 (KLR)
- Parties
- Plaintiff: Abdulgafur Abdulgani Pasta; Defendant: Harrisson Mwarumba Mbui
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 12 of 2012
- Procedural Posture
- Civil Case / Ruling on Interim Injunction Application
- Outcome
- Interim injunction granted in terms of prayer 3 of the Notice of Motion, with costs to the plaintiff/applicant. Full reasons to be delivered on 7th November, 2012.
- Judges
- CW Meoli
- Legal Topics
- Interim Injunctions, Notice of Motion, Grant of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulgafur Abdulgani Pasta
Plaintiff
Harrisson Mwarumba Mbui
Defendant
Procedural Posture
Civil Case / Ruling on Interim Injunction Application
Legal Issues
- 1 Whether the plaintiff has satisfied the conditions for the grant of interim injunctions.
- 2 Whether interim orders should be granted pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the plaintiff/applicant had satisfied the established legal conditions for the grant of interim injunctions as set out in Giella v Cassman Brown & Co. Ltd. The court was persuaded by the evidence and submissions presented by the plaintiff, and in the absence of opposition from the defendant, determined that interim orders were warranted to preserve the status quo pending the full hearing of the matter.
Court Disposition
Interim injunction granted in terms of prayer 3 of the Notice of Motion, with costs to the plaintiff/applicant. Full reasons to be delivered on 7th November, 2012.
Orders
- Interim orders granted in terms of prayer 3 of the Notice of Motion.
- Costs awarded to the plaintiff/applicant.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
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ABDULGAFUR ABDULGANI PASTA..…........................PLAINTIFF
VERSUS
HARRISSON MWARUMBA MBUI ..............................DEFENDANT
R U L I N G
Upon a careful reading and consideration of the plaintiff's Notice of Motion filed on 2nd February, 2012, the supporting and replying affidavits as well as the parties' respective written submissions, I am satisfied that the plaintiff/applicant has satisfied the conditions for the grant of interim injunctions prescribed in Guiella vs Cassman Brown & Co. Ltd.
I do therefore grant interim orders in terms of prayer 3 of the subject Notice of Motion, with costs to the plaintiff/applicant. Full reasons will be given on 7th November, 2012 at 2. 30pm.
Mr. Olaba holding brief for Mr. Kiarie Kariuki for the applicant, plaintiff
Respondent absent.
Delivered, dated and signed at Malindi this 22ndday of October, 2012in the presence of:
Court clerks – Leah, Evans.
C. W. Meoli
JUDGE