Lacton Murithi Njoka v Trustees National Social Security Fund [2021] KEELC 1733 (KLR)

Facts

The plaintiff, Lacton Murithi Njoka, sought an injunction against the defendant, Trustees National Social Security Fund, to prevent them from dealing with a property known as Nairobi/Block146/40 Hazina estate. The earlier judgment and orders were made on January 28, 2021, and required the defendant to give a fresh undertaking from the Central Bank of Kenya (CBK) to pay the plaintiff Kshs. 4,348,802 within 14 days of registering the property in the plaintiff's name. The plaintiff was also required to deliver certain documents to the defendant.

Issues

1. Whether the defendant is in default of the terms of the judgment delivered on January 28, 2021
2. Whether the injunction issued against the defendant lapsed due to the plaintiff's default

Reasoning

The court found that the defendant's advocates had written to the plaintiff's advocates contending that the undertaking was supposed to be given within 45 days, but the time had not lapsed. The defendant's acting General Manager's affidavit indicated that the plaintiff was in default, but the court disagreed.

Outcome

The court dismissed the defendant's application.