[2011] KEHC 552 (KLR)
The court found that the application for a restraining order was unopposed, as the defendant failed to file a replying affidavit or grounds of opposition. The plaintiff demonstrated continued occupation of the property. In the interests of fairness and justice, the court granted the restraining order as prayed, to...
Source-derived case information.
- Citation
- [2011] KEHC 552 (KLR)
- Parties
- Plaintiff: Ndichu Kahuha; Defendant: Peter Njeru Stanley
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 131 of 2011
- Procedural Posture
- Civil Case / Interlocutory Application for Restraining Order
- Outcome
- Application for restraining order granted; costs to the applicant.
- Legal Topics
- Interlocutory Injunctions, Restraining Orders, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndichu Kahuha
Plaintiff
Peter Njeru Stanley
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Restraining Order
Legal Issues
- 1 Whether the plaintiff is entitled to a restraining order against the defendant pending the hearing and determination of the suit.
Ratio Decidendi
The court found that the application for a restraining order was unopposed, as the defendant failed to file a replying affidavit or grounds of opposition. The plaintiff demonstrated continued occupation of the property. In the interests of fairness and justice, the court granted the restraining order as prayed, to remain in force until the suit is heard and determined.
Court Disposition
Application for restraining order granted; costs to the applicant.
Orders
- A restraining order is granted as per prayer (b) of the application dated 16/11/2011, to remain in force until the suit is heard and determined.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL CASE NO. 131 OF 2011
NDICHU KAHUHA................................................................................................PLAINTIFF
VERSUS
PETER NJERU STANLEY................................................................................DEFENDANT
R U L I N G
This is the application dated 16/11/2011. It’s for a restraining order as per prayer (b). The Defendant/Respondent was served and has even filed Defence. There is no Replying Affidavit nor grounds of opposition filed. It’s clear the application is not opposed. It’s only fair and just that the Applicant gets the orders. He has been and is still in occupation. Prayer (b) shall therefore be granted. It will remain in force until the suit is heard and determine.
Costs to the Applicant.
DATED, SIGNED AND DELIVERED AT EMBU THIS 16TH DAY OF DECEMBER 2011
H.I. ONG’UDI
JUDGE