[2008] KEHC 831 (KLR)
The court found that since the main suit had been finalized and judgment entered in favour of the plaintiff for specific performance, there was no longer any justification for the injunction order to remain in place. The continued existence of the injunction was preventing the plaintiff from registering the property...
Source-derived case information.
- Citation
- [2008] KEHC 831 (KLR)
- Parties
- Plaintiff: Ndegwa Ndiangui; Defendant: Joel Wambugu Gatama; Defendant: Elizabeth Mukuhi Gatama
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 6335 of 1991
- Procedural Posture
- Civil Case / Post Judgment Application to Vacate Injunction
- Outcome
- Application granted. Injunction lifted.
- Legal Topics
- Specific Performance, Injunctions, Transfer of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ndegwa Ndiangui
Plaintiff
Joel Wambugu Gatama
Defendant
Elizabeth Mukuhi Gatama
Defendant
Procedural Posture
Civil Case / Post Judgment Application to Vacate Injunction
Legal Issues
- 1 Whether the injunction order restraining the defendant from selling the property should be lifted after judgment in favour of the plaintiff.
- 2 Whether lifting the injunction is necessary to enable transfer of title to the plaintiff.
Ratio Decidendi
The court found that since the main suit had been finalized and judgment entered in favour of the plaintiff for specific performance, there was no longer any justification for the injunction order to remain in place. The continued existence of the injunction was preventing the plaintiff from registering the property in his name, contrary to the purpose of the judgment. Therefore, the court granted the application to lift the injunction to enable the transfer of title to the plaintiff, ensuring the decree could be executed fully.
Court Disposition
Application granted. Injunction lifted.
Orders
- The injunction order registered against the title LR Nairobi/Block 32/889 is hereby lifted.
- Costs awarded to the applicant decree holder.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 6335 of 1991
NDEGWA NDIANGUI…….……………………………..…..PLAINTIFF
Versus
JOEL WAMBUGU GATAMA………………………1ST DEFENDANT
ELIZABETH MUKUHI GATAMA….….……………2ND DEFENDANT
RULING
APPLICATION TO VACATE INJUNCTION
ORDERS AFTER JUDGMENT 11 JUNE 2008
I: Background
1. The main suit herein is finalized. The original plaintiff/ decree holder/applicant sued for Specific Performance on 29th November, 1991 requesting this court to compel the defendant to complete a sale transaction of property house LR Nairobi/ Block 32/889.
2. Judgement was entered in favour of the plaintiff after trial (the defendant failed to attend court) on 8th June, 2000.
3. On 29th November, 1991 when the suit was filed, the original plaintiff/ declare holder/ applicant had requested and applied for orders of injunction. This was granted the same day by Dugdale Judge.
4. The defendant, after trial appealed to the court of appeal but due to procedural error on the part of their advocate the defendant appeal was rejected.
5. The applicant wishes to register the title against his name. He is unable to do so as his own orders for injunction to restrain the defendant from selling the said land is still registered against the title.
11: Application 11th June, 2008
6. By an application 11th June, 2008 duly served upon the advocate for original defendant /decree/debtor/ respondent, the said applicant prays that this court do lift the order of injunction lodged against the title to enable the said transfer orders to be made in his favour.
II. Finding.
7. I accordingly grant the orders as prayed on the grounds that this is a finalized case, there is nothing left. That the said injunction be accordingly lifted in order to permit the title to pass to the plaintiff, decree holder.
8. I would costs to the applicant decree holder
DATED THIS 24TH DAY OF SEPTEMBER 2008 AT NAIROBI.
M.A. ANG’AWA
JUDGE
D.N. Wakahu instructed by Gathenji & Co. Advocates for the plaintiff- present
Ogessa A instructed by Ogessa & Co. Advocates for the defendant - absent