Lydia Wairimu Job & another v John Ngunyi Muchiri [2021] KEELC 436 (KLR)

Facts

The plaintiffs filed a suit for vacant possession against the defendant. A review application before the Court of Appeal was pending, and the defendant had made confessions in a reply affidavit.

Issues

1. Whether the trial magistrate erred in finding that the plaintiffs had not made a case warranting issuance of temporary injunctions.
2. Whether the trial magistrate erred in finding that the plaintiffs had not proved the conditions for granting an order of temporary injunction.
3. Whether the trial magistrate erred in making a finding that the plaintiffs had not proved the conditions for granting an order of temporary injunction.
4. Whether the trial magistrate erred in declining to grant the plaintiffs' orders for temporary injunctions by applying her own theory in assessing the pleadings and evidence.

Reasoning

The court found that the trial magistrate did not err in her findings and rulings.

Outcome

Appeal dismissed

Authorities cited