[1998] KECA 132 (KLR)
The Court of Appeal found that, since the respondent conceded the appeal and the appellant had already incurred significant expense, it was just to allow the appeal, set aside the High Court's refusal, and grant a temporary injunction as sought. The court emphasized the need to preserve the status quo and ensure...
Source-derived case information.
- Citation
- [1998] KECA 132 (KLR)
- Parties
- Appellant: Beatrice Yagan; Respondent: Joseph Yator
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 164 of 1997
- Procedural Posture
- Civil Appeal / Appeal Against Refusal of Temporary Injunction
- Outcome
- Appeal allowed. High Court ruling set aside. Temporary injunction granted. Costs awarded to appellant.
- Judges
- JE Gicheru, RO Kwach, GS Pall
- Legal Topics
- Temporary Injunctions, Eviction, Government Housing, Allocation of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beatrice Yagan
Appellant
Joseph Yator
Respondent
Procedural Posture
Civil Appeal / Appeal Against Refusal of Temporary Injunction
Legal Issues
- 1 Whether the appellant was entitled to a temporary injunction restraining the respondent from evicting her from the government house pending substantive hearing.
- 2 Whether the refusal to grant the injunction by the High Court was justified.
Ratio Decidendi
The Court of Appeal found that, since the respondent conceded the appeal and the appellant had already incurred significant expense, it was just to allow the appeal, set aside the High Court's refusal, and grant a temporary injunction as sought. The court emphasized the need to preserve the status quo and ensure that the substantive dispute over the government house could be determined on its merits without prejudice to either party. The court also awarded costs to the appellant, recognizing the expense already incurred and the respondent's concession.
Court Disposition
Appeal allowed. High Court ruling set aside. Temporary injunction granted. Costs awarded to appellant.
Orders
- The appeal is allowed.
- The ruling and order of Rimita J. dated 29th July, 1996 are set aside.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAKURU
(Coram: Gicheru, Kwach & Pall, JJ.A.)
CIVIL APPEAL NO. 164 OF 1997
BETWEEN
BEATRICE YAGAN.......................................APPELLANT
AND
JOSEPH YATOR........................................RESPONDENT
(Appeal from the Ruling of the High Court of Kenya at Nakuru (Rimita, J.) dated 29th July, 1996 in H.C.C.C. NO. 324 OF 1996) *********************
JUDGMENT OF THE COURT
This is an appeal against the decision of Rimita J. given on 29th July, 1996 by which he dismissed Beatrice Yagan's (appellant) application for a temporary injunction to restrain the respondent from evicting the appellant from a Government house on Plot L.R. No. Nakuru/Municipality Block 10/185 commonly referred to as Government House No. MG/45, and from carrying on any construction works on the suit premises.
The respondent apparently claims that the suit premises which the appellant occupies as a civil servant have been allocated to him outright by the Government. The superior court declined to grant the order and that refusal prompted the appellant to institute this appeal.
Mr. Sogon, for the respondent, concedes the appeal so that, as he says, and we agree, the matter can be heard and determined substantively in the superior court. Mr. Juma Kiplenge, for the appellant, has no objection but he asks for costs as his client has been put to great expense already. Having regard to the history of this case, we agree with him. Accordingly, we allow this appeal, set aside the ruling and order of Rimita J. dated 29th July, 1996 and substitute therefor an order granting the appellant a temporary injunction in terms of prayers (b) and (c) in the Chamber Summons dated 1st July, 1996 together with costs. The appellant will also have the costs of this appeal.
Dated and delivered at Nakuru this 25th day of September, 1998.
J.E. GICHERU
...............
JUDGE OF APPEAL
R.O. KWACH
................
JUDGE OF APPEAL
G.S. PALL
..............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR