MUKUA TUTUMA v ALEX MUNENE TUTUMA & another [2006] KEHC 1182 (KLR)

Facts

The plaintiff, Mukua Tutuma, sued the 2nd defendant, Alex Munene Tutuma, and Raphaël Kibiru Tutuma for the cancellation of a title registered in the name of the 2nd defendant, so that the title could be sub-divided and registered in equal shares between the plaintiff and the 2nd defendant. The property in issue is L.R. No. 209/8252 (Title No. IR 28156), situated along Lusingeti Road, off Likoni Road, Nairobi. The plaintiff also filed a Chamber Summons seeking interlocutory injunctive relief against the 2nd defendant.

Issues

1. Whether the plaintiff's application for an injunction was properly granted.
2. Who should bear the costs of the suit.

Reasoning

The court held that the 1st defendant had no role in the plaintiff's claim for a share of the property and that the plaintiff had no prayers in the plaint directed at the 1st defendant. The court also noted that the plaintiff had settled both his application and his claim for a share of the suit property.

Outcome

The plaintiff's application for an injunction was dismissed, and the plaintiff was ordered to bear the costs of the suit.

Authorities cited