[2014] KEHC 5862 (KLR)
The court found that the applications for interlocutory injunction did not meet the established standards set out in Geilla v Cassman Brown. The previous temporary injunction had lapsed after 14 days, and the subsequent application, filed nearly two years later, did not present sufficient grounds or new...
Source-derived case information.
- Citation
- [2014] KEHC 5862 (KLR)
- Parties
- Plaintiff: Sofia Abdalla Salim; Defendant: Biasha Athumani; Defendant: Musa Athumani; Defendant: Arafa Athumani
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 111 of 2011
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Injunction Applications
- Outcome
- applications dismissed
- Judges
- SN Mukunya
- Legal Topics
- Interlocutory Injunctions, Standards for Injunctions, Lapse of Temporary Orders
- 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
Sofia Abdalla Salim
Plaintiff
Biasha Athumani
Defendant
Musa Athumani
Defendant
Arafa Athumani
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Injunction Applications
Legal Issues
- 1 Whether the applications for interlocutory injunction met the legal threshold for grant of such orders.
- 2 Whether the lapse of the previous temporary injunction affected the current applications.
Ratio Decidendi
The court found that the applications for interlocutory injunction did not meet the established standards set out in Geilla v Cassman Brown. The previous temporary injunction had lapsed after 14 days, and the subsequent application, filed nearly two years later, did not present sufficient grounds or new circumstances to warrant the grant of similar orders. The court was not satisfied that the applicants had demonstrated a prima facie case or that the balance of convenience favored them. Consequently, both applications were dismissed.
Court Disposition
applications dismissed
Orders
- Both applications for interlocutory injunction are dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
COPY
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ELC. NO. 111 OF 2011
SOFIA ABDALLA SALIM .................................................... PLAINTIFF
- VERSUS-
1. BIASHA ATHUMANI
2. MUSA ATHUMANI
3. ARAFA ATHUMANI .................................................... DEFENDANTS
RULING
[1] I have perused the Notice of Motion dated 28th April, 2011 and the orders given by Ojwang J (as he then was) on 24th April, 2011. These orders were temporary and only for 14 days. The injunction lapsed after 14 days. The other application was filed on 16th January, 2013 by the same parties asking for the same orders nearly two years after.
I have perused in detail the applications herein. I am not satisfied they meet the standards set in Geilla vs Cassman Brown1. Both applications are dismissed with no order as to costs. Parties should fix this case down for hearing.
Dated and delivered in open court at Mombasa this 27th day of March, 2014.
S. MUKUNYA
JUDGE
27. 3.2014
In the presence of:
Mr. Akanga Advocate for the applicants
Mr. Mwakisha Advocate for Mr. Gikandi for the respondents
1 {1973} E.A. Page 358