[2007] KEHC 751 (KLR)
The court found that the applicant had not demonstrated a prima facie case with a probability of success, as he waited 18 years before seeking relief and sought orders against persons not party to the suit. The court held that it would be acting in vain to issue orders affecting non-parties and that the delay was...
Source-derived case information.
- Citation
- [2007] KEHC 751 (KLR)
- Parties
- Applicant: Francis Njunge; Respondent: Chiuma Njambuya
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- ? 159 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Pending Summons for Revocation of Grant
- Outcome
- application dismissed with costs to respondent
- Legal Topics
- Succession Proceedings, Revocation of Grant, Injunctive Relief, Locus Standi
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Njunge
Applicant
Chiuma Njambuya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Pending Summons for Revocation of Grant
Legal Issues
- 1 Whether the applicant is entitled to injunctive orders restraining the respondent from dealing with the suit properties pending determination of the summons for revocation of grant.
- 2 Whether the applicant has locus standi and a prima facie case to warrant the orders sought.
Ratio Decidendi
The court found that the applicant had not demonstrated a prima facie case with a probability of success, as he waited 18 years before seeking relief and sought orders against persons not party to the suit. The court held that it would be acting in vain to issue orders affecting non-parties and that the delay was unjustified. Consequently, the application for injunctive relief was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to respondent
Orders
- The application for injunctive relief is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT EMBU
Misc Succ 159 of 2006
IN THE MATTER OF THE ESTATE OF WARUI NGUGU-DECEASED
AND
FRANCIS NJUNGE………………...………..…....…………..APPLICANT
VERSUS
CHIUMA NJAMBUYA……………………….....…………RESPONDENT
RULING
Summons dated 9/11/2006 seeks orders to restrain the respondent from further dealing with the plots No. Mutira/Kirimunge/794 and 1081 and 1080 until the Summons of Revocation of the grant is heard and determined on the ground that the applicant was not involved in succession proceeding and he was disinherited and if the land is to pass to innocent parties the applicant would be disinherited. There is a replying affidavit by Respondent stating that the applicant has no locus standi and has no interest in the estate. The Respondent states that he is not the registered owner of parcel No. 794 and 1080 whose owners are not parties to this suit. And that this application is coming to court after 18 years delay.
I have perused the application and considered the submissions of counsel. It appears to me that the court would be acting in vain making orders against people not in the suit. Since the Applicant has waited for 18 years before taking action there is no justification for making an order so late in the day.
I therefore find that the applicant has not shown a prima facie cause with chance of success. Application is dismissed with costs to respondent.
Dated this 30th November, 2007.
J. N. KHAMINWA
JUDGE
30/11/2007
Khaminwa – Judge
Njue – Clerk
Mr. Kahiga P.N for Applicant HB
Respondent present
Read in open court.
J. N. KHAMINWA
JUDGE