[2021] KEELC 3508 (KLR)

[2021] KEELC 3508 (KLR)

The court found that the applicant failed to make full disclosure of material facts, specifically omitting the existence of a medical insurance cover and the true ownership and arrangement regarding the suit properties. The applicant sought a temporary injunction identical to the main relief in the suit, and the evidence showed that the properties and rental income were subject to a deed of assignment with Equity Bank, with one property belonging to the respondent. The applicant's lack of candour and failure to demonstrate a prima facie case with a probability of success led the court to dismiss the application for a temporary injunction.

Citation
[2021] KEELC 3508 (KLR)
Parties
Plaintiff: FTK; Defendant: MNT
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
4 February 2021
Case Number
? 115 of 2019
Procedural Posture
Environment and Land Suit / Ruling on Interlocutory Application for Temporary Injunction
Outcome
application dismissed
Legal Topics
Injunctive Relief, Matrimonial Property Disputes, Non Disclosure, Clean Hands Doctrine
Source Language
English
Land and Property Civil Procedure Injunctive Relief Matrimonial Property Disputes Non Disclosure Clean Hands Doctrine

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Parties

FTK

Plaintiff

MNT

Defendant

Procedural Posture

Environment and Land Suit / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to a temporary injunction restraining the respondent from entering or collecting rent from the suit properties.
  2. 2 Whether the applicant has come to court with clean hands and made full disclosure of material facts.

Ratio Decidendi

The court found that the applicant failed to make full disclosure of material facts, specifically omitting the existence of a medical insurance cover and the true ownership and arrangement regarding the suit properties. The applicant sought a temporary injunction identical to the main relief in the suit, and the evidence showed that the properties and rental income were subject to a deed of assignment with Equity Bank, with one property belonging to the respondent. The applicant's lack of candour and failure to demonstrate a prima facie case with a probability of success led the court to dismiss the application for a temporary injunction.

Court Disposition

application dismissed

Orders

  • The application for a temporary injunction is dismissed.
  • No order as to costs.