S W M v M K K [2007] KEHC 1561 (KLR)
- Court
- High Court of Kenya
- Case number
- 1561
- Citation
- [2007] KEHC 1561 (KLR)
- Decided
- 13 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorcePosturePetitioner seeks divorce and injunction against respondentCoramL. KIMARU
Holding
Petitioner's application is competently before the court. The respondent is restrained from entering the matrimonial home pending the divorce proceedings.
Facts
Petitioner filed a petition for divorce alleging cruelty and threats from respondent. Respondent filed a notice of preliminary objection. Petitioner applied for an injunction to restrain respondent from entering the matrimonial home.
Issues
- Petitioner's locus standi to apply for an injunction
- Whether the petitioner has satisfied the conditions for the grant of an interlocutory injunction
Reasoning
The court found the petitioner's application competent as she sought protection against threats of violence, not a declaration of matrimonial property ownership. The petitioner established a prima facie case for the injunction.
Outcome
Petitioner's application granted
Orders
- Respondent restrained from entering the matrimonial home pending the divorce proceedings
- Respondent to collect personal effects from the matrimonial home within seven days under escort of a Court Bailiff
- Petitioner to have costs of the application
Remedies
- Injunction to protect petitioner from threats of violence
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Matrimonial Causes Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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