[2002] KECA 259 (KLR)
The Court of Appeal found that the High Court properly exercised its discretion in refusing to grant the injunction, as the appellant had not established a prima facie case. The appellate court emphasized that the grant of an injunction is a discretionary remedy and that there was no justification to interfere with...
Source-derived case information.
- Citation
- [2002] KECA 259 (KLR)
- Parties
- Appellant: Peter Kanyiri Koigi; Respondent: Makahu Ole Sekunda; Respondent: Isaac Nchunga Mukahu; Respondent: Geoffrey Mwai Kabiro
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 181 of 1999
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Injunctions, Discretionary Remedies, Prima Facie Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Kanyiri Koigi
Appellant
Makahu Ole Sekunda
Respondent
Isaac Nchunga Mukahu
Respondent
Geoffrey Mwai Kabiro
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the High Court erred in refusing to grant an injunction to the appellant.
- 2 Whether the learned Judge properly exercised his discretion in declining the injunction.
Ratio Decidendi
The Court of Appeal found that the High Court properly exercised its discretion in refusing to grant the injunction, as the appellant had not established a prima facie case. The appellate court emphasized that the grant of an injunction is a discretionary remedy and that there was no justification to interfere with the High Court's decision. The appeal was therefore dismissed with costs to the respondents.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, O'KUBASU & KEIWUA, JJ.A.
CIVIL APPEAL NO. 181 OF 1999
BETWEEN
PETER KANYIRI KOIGI ........................................... APPELLANT
AND
MAKAHU Ole SEKUNDA
ISAAC NCHUNGA MUKAHU
GEOFFREY MWAI KABIRO ............................. RESPONDENTS
(Appeal from the decision of the High Court of Kenya at
Nairobi (Mitey J) dated 12th July, 1999
in
H.C.O.S. NO. 556 OF 1999) ************
JUDGMENT OF THE COURT
This appeal has no merit at all. The appellant sought an injunction in the High Court. That court refused to grant the injunction on the basis that a prima facie case had not been established. We have looked at the pleadings, the submissions made before the learned Judge and his ruling on the issues raised before him. The grant of an injunction is a discretionary remedy. We see absolutely no reason why we should interfere with the learned Judge's exercise of discretion and that being our view of the matter, we order that this appeal be and is hereby dismissed with costs.
Dated and delivered at Nairobi this 20th day of March, 2002.
R.S.C. OMOLO --------------- JUDGE OF APPEAL
E. O. O'KUBASU --------------- JUDGE OF APPEAL
M. Ole KEIWUA --------------- JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR