[2014] KEHC 6294 (KLR)

[2014] KEHC 6294 (KLR)

The court found that only one applicant, Miriam Wanjiru, had locus standi to support the application, as the other supporting affidavits were from persons not party to the originating application. The sole valid affidavit was bare and failed to disclose sufficient facts to meet the threshold for injunctive relief as...

Source-derived case information.

Citation
[2014] KEHC 6294 (KLR)
Parties
Applicant: Miriam Wanjiru; Applicant: Mercy Muthoni; Applicant: Peter Muiruri Ndungu; Applicant: Jackson Mwaniki; Respondent: Respondent (name not specified)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
21 March 2014
Case Number
Succession Cause 2351 of 2011
Procedural Posture
Succession Cause / Ruling on Interlocutory Injunction Application
Outcome
application dismissed
Judges
DN Musyoka
Legal Topics
Injunctive Relief, Revocation of Grant, Locus Standi, Burden of Proof, Procedure for Evidence, Costs Orders
Source Language
english
Family and Children Civil Procedure Injunctive Relief Revocation of Grant Locus Standi Burden of Proof Procedure for Evidence Costs Orders

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Summary, issues, holding and outcome

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Parties

Miriam Wanjiru

Applicant

Mercy Muthoni

Applicant

Peter Muiruri Ndungu

Applicant

Jackson Mwaniki

Applicant

Respondent (name not specified)

Respondent

Procedural Posture

Succession Cause / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicants have met the threshold for grant of injunctive orders pending determination of the summons for revocation of grant.
  2. 2 Whether the application is competent given the status of the applicants and supporting affidavits.
  3. 3 Whether the application is res judicata due to previous related suits.

Ratio Decidendi

The court found that only one applicant, Miriam Wanjiru, had locus standi to support the application, as the other supporting affidavits were from persons not party to the originating application. The sole valid affidavit was bare and failed to disclose sufficient facts to meet the threshold for injunctive relief as set out in Giella v Cassman Brown. The applicants did not demonstrate a prima facie case, irreparable harm, or that the balance of convenience favored them. The attempt to introduce evidence through written submissions was procedurally improper. Consequently, the application for injunctive orders was dismissed for lack of evidentiary support and procedural compliance.

Court Disposition

application dismissed

Orders

  • The application dated 10th June 2013 is dismissed.
  • The respondent shall have costs of the application.