RACHAEL MUMBI KIGUNDA v HOUSING FINANCE COMPANY LIMITED & another [2006] KEHC 1859 (KLR)
- Court
- High Court of Kenya
- Case number
- 1859
- Citation
- [2006] KEHC 1859 (KLR)
- Decided
- 11 July 2006
The court dismissed the plaintiff's application for an interim injunction, finding that the plaintiff did not have a legal right to protect and that the plaintiff's basis for seeking relief was fallacious.
Facts
The plaintiff claims to be the lawful attorney of Salim M. Githiomi and Elizabeth W. Githiomi, who are alleged to be the registered owners of the property. The plaintiff filed a suit seeking a permanent injunction against the defendant Housing Finance Company Limited and another, to restrain them from transferring and putting the 2nd defendant into possession of the property. The plaintiff also filed an application for an interlocutory injunction.
Issues
- Whether the plaintiff has a prima facie case to seek an interim injunction.
- Whether the plaintiff is the lawful attorney of the registered owners of the property.
Reasoning
The court found that the plaintiff did not have a legal right to protect as the registered owners of the property were no longer the Githiomis, and the plaintiff's claim was based on a ruling from a previous case where the plaintiff was the defendant.
Outcome
The plaintiff's application for an interim injunction was dismissed.
Orders
- Interim order restraining the defendant from transferring and putting the 2nd defendant into possession of the suit property was set aside.
Loading judgment…