[2005] KEHC 1526 (KLR)
The court found that the application failed to clearly specify the orders being sought. Although the supporting affidavit suggested a desire to restrain the respondent from evicting the applicant, the actual prayer in the application was ambiguous. The court emphasized that it cannot grant relief that is not...
Source-derived case information.
- Citation
- [2005] KEHC 1526 (KLR)
- Parties
- Appellant: Alita Githire t/a Kings Restaurant; Respondent: Techno Trade Pavillion Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 485 of 2005
- Procedural Posture
- Civil Appeal / Ruling on Chamber Summons Application
- Outcome
- application disallowed with costs to the respondent; interim orders vacated
- Legal Topics
- Interlocutory Injunctions, Eviction Orders, Appeal Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alita Githire t/a Kings Restaurant
Appellant
Techno Trade Pavillion Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Chamber Summons Application
Legal Issues
- 1 Whether the application discloses a clear and specific prayer for relief.
- 2 Whether the court can grant orders that are not clearly sought in the application.
Ratio Decidendi
The court found that the application failed to clearly specify the orders being sought. Although the supporting affidavit suggested a desire to restrain the respondent from evicting the applicant, the actual prayer in the application was ambiguous. The court emphasized that it cannot grant relief that is not expressly and clearly requested. As a result, the application was disallowed and any interim orders previously granted were vacated.
Court Disposition
application disallowed with costs to the respondent; interim orders vacated
Orders
- The Chamber Summons application is disallowed with costs to the respondent.
- Any interim orders herein are vacated.
Full Case Text
Judgment text and source record
5 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI Civil Appeal 485 of 2005 ALITA GITHIRE T/A KINGS RESTAURANT ………... APPELLANT VERSUS TECHNO TRADE PAVILLION LTD ………………… RESPONDENTRULING
In this Chamber Summons application dated 12th July, 2005, and brought under Sections 79G and 3A of the Civil Procedure Act, Cap 21, Order XXXIX Rule 2 2A(1), Order XLI Rule 4 of the Civil Procedure Rules and all other enabling Provisions of the Law, the Appellant seeks, in the main, the following Order:-
The prayer sought is unclear. Although from the annexed supporting affidavit it would appear that the applicant seeks an Order restraining his Respondent/Landlord from evicting him, this is not at all clear from the prayer sought. This court cannot make orders that are not sought, and as it is not clear to this Court, what orders are sought, this application is disallowed with costs to the Respondent. Any interim orders herein are vacated.
Dated and delivered at Nairobi this 19th day of September, 2005.
ALNASHIR VISRAMJUDGE