[2008] KEHC 1247 (KLR)
The court held that a notice of motion seeking an injunction cannot be filed independently without a main suit. The correct procedure in such matters is to file a plaint, originating summons, or originating motion as appropriate. Since the applicant failed to initiate a substantive suit, the application was...
Source-derived case information.
- Citation
- [2008] KEHC 1247 (KLR)
- Parties
- Applicant: Michael Karuku Gaturu; Respondent: Wanjiru Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 16 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Injunction Application
- Outcome
- application struck out
- Legal Topics
- Interlocutory Injunctions, Procedure Without Main Suit, Originating Summons, Land Parcel Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Karuku Gaturu
Applicant
Wanjiru Kamau
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether a notice of motion seeking an injunction can be filed without a main suit.
- 2 Whether the applicant followed the correct procedure in bringing the application before the court.
Ratio Decidendi
The court held that a notice of motion seeking an injunction cannot be filed independently without a main suit. The correct procedure in such matters is to file a plaint, originating summons, or originating motion as appropriate. Since the applicant failed to initiate a substantive suit, the application was procedurally defective and was struck out.
Court Disposition
application struck out
Orders
- The application is struck out with no orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 16 OF 2008
MICHAEL KARUKU GATURA ………........……………….. PLAINTIFF
VERSUS
WANJIRU KAMAU …………………………………… RESPONDENT
RULING
APPLICATION TO ISSUE INJUNCTION AGAINSTRESPONDENT STOPPING SURVEYORS TO COME
ON LAND NOTICE OF MOTION 20 JUNE 2008
I: Civil Practice and Procedure.
1. I have before me only a notice of motion dated 20 June 2008 seeking orders of injunction to restrain the respondent from refusing to allow a surveyor to come upon land parcel LR Dagoretti/Mutiini/68.
2. There is no main suit herein.
3. A notice of motion cannot be filed on its own without a main suit. If one wishes to come to court without a plaint being filed in simple matters, or in land matters, an Originating Summons under Order XXXVI may be filed or an Originating Motion depending on the circumstances of the case.
4. The application herein is struck out with no orders as to costs.
DATED THIS 16TH DAY OF JULY 2008 AT NAIROBI.
M. A. ANG’AWA
JUDGE
Michael Karuku Gaturu plaintiff/applicant in person – present
Wanjiru Kamau defendant respondent in person - absent