[2007] KEHC 602 (KLR)
The court found that the application for a temporary injunction was unopposed, and the applicants had relied on the grounds in the Chamber Summons and the supporting affidavit. In the absence of any opposition or appearance by the respondent, and upon consideration of the materials presented, the court granted the...
Source-derived case information.
- Citation
- [2007] KEHC 602 (KLR)
- Parties
- Plaintiff: Samuel Richard Kamitha; Plaintiff: Daniel Mbiri Mugi; Plaintiff: Francis Nganga Wahuria; Respondent: Githunguri Paradise Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1080 of 2006
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application for Temporary Injunction
- Outcome
- Application for temporary injunction granted as prayed in Prayers 3 and 4 of the Chamber Summons dated 11th October 2006. Costs in the suit.
- Judges
- JL Osiemo
- Legal Topics
- Temporary Injunctions, Ex Parte Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Richard Kamitha
Plaintiff
Daniel Mbiri Mugi
Plaintiff
Francis Nganga Wahuria
Plaintiff
Githunguri Paradise Limited
Respondent
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Temporary Injunction
Legal Issues
- 1 Whether the plaintiffs are entitled to a temporary injunction against the respondent as sought in the Chamber Summons.
- 2 Whether the ex parte orders previously granted should be confirmed in the absence of opposition from the respondent.
Ratio Decidendi
The court found that the application for a temporary injunction was unopposed, and the applicants had relied on the grounds in the Chamber Summons and the supporting affidavit. In the absence of any opposition or appearance by the respondent, and upon consideration of the materials presented, the court granted the orders sought in Prayers 3 and 4 of the Chamber Summons dated 11th October 2006. The court exercised its discretion to confirm the ex parte orders previously issued, with costs to be in the cause.
Court Disposition
Application for temporary injunction granted as prayed in Prayers 3 and 4 of the Chamber Summons dated 11th October 2006. Costs in the suit.
Orders
- Temporary injunction granted in terms of Prayers 3 and 4 of the Chamber Summons dated 11th October 2006.
- Costs to be in the suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL SUIT 1080 OF 2006
SAMUEL RICHARD KAMITHA..…………………………………..1ST PLAINTIFF
DANIEL MBIRI MUGI…… ……………………….………………..2ND PLAINTIFF
FRANCIS NGANGA WAHURIA…………………….……………..3RD PLAINTIFF
VERSUS
GITHUNGURI PARADISE LIMITED……………….…………..…RESPONDENT
RULING
By way of a plaint dated 11th October 2006 and filed the same day the plaintiffs sued the defendant seeking declaratory orders as prayed therein.
Simultaneously with the plaint they brought a Chamber Summons under Certificate of Urgency and expressed to be brought under Order 39 Rule 12 and 9 of the Civil procedure Rules and Section 3A of the Civil Procedure Act seeking orders of Temporary Injunction as prayed in Prayers 2 and 3 of the Chamber Summons dated 11th October 2006.
Mr. Mwangi Githogo counsel for the plaintiff appeared before the Duty Judge and on application he obtained ex parte orders in terms of Prayer 1 and 2 of the Chamber Summons and it was further ordered that the plaintiff do serve the defendants and the matter was fixed for hearing inter parties on 30th October 2006. Service was effected and the parties appeared before Alouch J on 30th October 2006 when they recorded a consent order to appear before the Duty Judge on 3rd November 2006. They appeared before the Duty Judge on 3rd November 2006 when they were given 12th November 2006 for the hearing the application inter parties. They appeared before me.
Mr. Mwangi appeared for the applicant while Mr. Owaga held brief for Mr. Nganga for the Respondent. They took out the matter by consent and agreed that the application be heard on 6th February 2007. On 6th February 2006 Mr. Mwangi appeared for the applicant but there was no appearance for the Respondent.
M. Mwangi applied that the ex parte orders which were issue don 11th October 2006 be confirmed. He relied on the grounds as stated on the body of the Chamber Summons as well as the affidavit in support of the application sworn by Samuel Richard Kamitha on 11th October 2006.
Since the application is not opposed, the same is granted in terms of Prayers 3 and 4 of the Chamber Summons dated 11th October 2006 costs be in the suit.
Costs be costs in the suit.
Dated at Nairobi this 21st day of February 2007.
…………………………….
J.L.A. OSIEMO
JUDGE