Phoebe Njoki Githae v Francis Owino Rao & 2 other [2015] KEELC 565 (KLR)

Facts

The Plaintiff, Phoebe Njoki Githae, filed an application seeking an interim injunction against the Defendants, Francis Owino Rao and Henry Okware Emuye, to prevent them from selling, disposing, or interfering with her possession of Flat No. 3 Land Reference No. 205/62. The Plaintiff claims the property is matrimonial and that the Defendants acted fraudulently by transferring it to a third party and charging it for a loan.

Issues

1. Whether the Plaintiff has a prima facie case for an interim injunction.
2. Whether the Plaintiff will suffer irreparable injury that cannot be compensated by damages.
3. Whether the court should grant an injunction on a balance of convenience.

Reasoning

The court finds that the Plaintiff has not established fraud and that the property is now held as security by the third defendant. Granting an injunction would restrict the third defendant's ability to exercise its option of sale.

Outcome

The Plaintiff's application for an interim injunction is dismissed.