Okoth Ocheyo v Aziza Mohammed Konde [1997] KECA 417 (KLR)

Facts

The 2nd respondent (Priestly Julius Konde) sued the 1st respondent (Aziza Mohammed Konde) for separation. A consent order was made allowing the 1st respondent custody of the children and monthly maintenance. The 2nd respondent later requested the 1st respondent to move to servants quarters to service a loan. The 1st respondent moved to servants quarters and collected rent, which the 2nd respondent agreed to sell to the appellants. The 1st respondent sued the appellants and the 2nd respondent for an injunction.

Issues

1. Whether the learned judge erred in issuing an injunction restraining the 2nd respondent from receiving rent from the suit premises.
2. Whether the learned judge erred in not ordering the 1st respondent to vacate the servants quarters until the final determination of the suit.

Reasoning

The learned judge's injunction was based on the status quo, but the 2nd respondent had transferred his rights to the appellants, making him no longer entitled to rent. The appellants are entitled to collect the rental income as registered owners.

Outcome

Appeal allowed