[2012] KEHC 832 (KLR)

[2012] KEHC 832 (KLR)

The court found that the applicant failed to establish a prima facie case with a probability of success, as evidence indicated he was himself intermeddling with the estate and obstructing its distribution. The applicant did not dispute the respondent's and siblings' affidavits, which undermined his credibility. The...

Source-derived case information.

Citation
[2012] KEHC 832 (KLR)
Parties
Applicant: Moses Koech; Respondent: Rael Langat
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
21 November 2012
Case Number
Civil Suit 108 of 2011
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Outcome
application dismissed
Judges
LN Mutende
Legal Topics
Administration of Estates, Injunctive Relief, Distribution of Estate, Intermeddling With Estate, Trusteeship Duties
Source Language
english
Family and Children Civil Procedure Administration of Estates Injunctive Relief Distribution of Estate Intermeddling With Estate Trusteeship Duties

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Summary, issues, holding and outcome

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Parties

Moses Koech

Applicant

Rael Langat

Respondent

Procedural Posture

Civil Suit / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the applicant has established a prima facie case with a probability of success for grant of an injunction.
  2. 2 Whether the applicant will suffer irreparable harm if the injunction is not granted.
  3. 3 Whether the balance of convenience favours granting the injunction.

Ratio Decidendi

The court found that the applicant failed to establish a prima facie case with a probability of success, as evidence indicated he was himself intermeddling with the estate and obstructing its distribution. The applicant did not dispute the respondent's and siblings' affidavits, which undermined his credibility. The court was not satisfied that the applicant would suffer irreparable harm, as there was insufficient evidence that he was being deprived of his entitlement. The balance of convenience did not favour the applicant, as the respondent was attempting to distribute the estate and the applicant's conduct was a hindrance. The court emphasized that equitable relief is not available to a...

Court Disposition

application dismissed

Orders

  • The application for injunction is dismissed.
  • There will be no orders as to costs.