[2015] KEHC 5173 (KLR)

[2015] KEHC 5173 (KLR)

The court found that the plaintiff had not made out a case for the grant of a temporary injunction. The defendant was in occupation of the suit land, which was still under adjudication. Granting the injunction would effectively amount to evicting the defendant and would prematurely end the litigation. Therefore, the threshold for granting a temporary injunction as set out in Giella v Cassman Brown & Co Ltd was not met. The application was dismissed, with costs to be in the cause.

Citation
[2015] KEHC 5173 (KLR)
Parties
Applicant: Muthike Mitambo; Respondent: John Muriuki Jacob
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
22 April 2015
Case Number
Environment & Land Case 261 of 2015
Procedural Posture
Miscellaneous Application / Ruling on Application for Temporary Injunction
Outcome
application dismissed
Legal Topics
Temporary Injunctions, Land Adjudication, Possession Disputes
Source Language
English
Land and Property Civil Procedure Temporary Injunctions Land Adjudication Possession Disputes

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Parties

Muthike Mitambo

Applicant

John Muriuki Jacob

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Temporary Injunction

Legal Issues

  1. 1 Whether the plaintiff has made out a case for the grant of a temporary injunction.
  2. 2 Whether the court should make an order providing for the costs of this application.

Ratio Decidendi

The court found that the plaintiff had not made out a case for the grant of a temporary injunction. The defendant was in occupation of the suit land, which was still under adjudication. Granting the injunction would effectively amount to evicting the defendant and would prematurely end the litigation. Therefore, the threshold for granting a temporary injunction as set out in Giella v Cassman Brown & Co Ltd was not met. The application was dismissed, with costs to be in the cause.

Court Disposition

application dismissed

Orders

  • The plaintiff's application for a temporary injunction is dismissed.
  • The costs of this application will be costs in the cause.