[2002] KEHC 737 (KLR)
The court found that the plaintiffs had fully complied with all the terms and conditions set out in the injunction order dated 18.8.2000. The evidence on record, including certificates of works and compliance, satisfied the court that there was no further need for the injunction to remain in force. As such, the...
Source-derived case information.
- Citation
- [2002] KEHC 737 (KLR)
- Parties
- Plaintiff: Francis Kinyua; Plaintiff: James Kanoru; Plaintiff: Michael Maisa & 234 Others; Defendant: Municipal Council of Mombasa; Defendant: Mohamed Abdalla Zubedi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 188 of 1997
- Procedural Posture
- Civil Case / Ruling on Application to Lift Injunction
- Outcome
- injunction lifted; matter finalized
- Legal Topics
- Injunctions, Compliance With Court Orders, Finalization of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kinyua
Plaintiff
James Kanoru
Plaintiff
Michael Maisa & 234 Others
Plaintiff
Municipal Council of Mombasa
Defendant
Mohamed Abdalla Zubedi
Defendant
Procedural Posture
Civil Case / Ruling on Application to Lift Injunction
Legal Issues
- 1 Whether the plaintiffs have complied with the terms of the injunction order dated 18.8.2000.
- 2 Whether the injunction should be lifted and the matter finalized.
Ratio Decidendi
The court found that the plaintiffs had fully complied with all the terms and conditions set out in the injunction order dated 18.8.2000. The evidence on record, including certificates of works and compliance, satisfied the court that there was no further need for the injunction to remain in force. As such, the court exercised its discretion to lift the injunction and marked the main matter as finalized, as there was no impediment to doing so.
Court Disposition
injunction lifted; matter finalized
Orders
- The injunction orders and terms thereto of this court dated 18.8.2000 are hereby lifted.
- The main matter is marked as finalized.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO.188 OF 19971. FRANCIS KINYUA 2. JAMES KANORU 3. MICHAEL MAISA & 234 OTHERS………………….PLAINTIFFS =V E R S U S= 1. MUNICIPAL COUNCIL OF MOMBASA 2. MOHAMED ABDALLA ZUBEDI………………….DEFENDANTS R U L I N G This court by Justice Waki issued an injunction based on terms to be complied with before it could be lifted. The injunction is contained in his orders dated 18. 8.2000. Materials have been placed on the record confirming full compliance of the orders aforementioned. I have carefully examined the material before this court which include several certificates of works and certificates of compliance. I have also listened and considered Mr. Taib’s and Mr. Karisa’s submissions on the matter. I am satisfied that the orders of this court dated 18. 8.2000 have been complied with as ordered.
There is therefore no need to leave them standing and demanding when they are exhausted. I see no impediment in lifting them.
ORDER;
1. The injunction orders and terms thereto of this court dated 18. 8.2000 are hereby lifted and the main matter marked as finalized.
Dated and delivered at Mombasa this 11th day of June, 2002.
D. A. ONYANCHA J U D G E