BONVENTRUE TOURS AND TRAVEL LTD v ROSE CHEBET AND OTHERS [2007] KEHC 3058 (KLR)

Facts

The plaintiff filed an application to join M/s Myta Development Ltd. as the 6th defendant and seek an interim injunction. The application was granted ex parte, and later the plaintiff sought permission to hear the application during vacation. The 6th defendant filed a preliminary objection, arguing that the application was defective and that the court lacked jurisdiction.

Issues

1. Whether the application to join a party and grant an interim injunction was defective and lacked jurisdiction.
2. Whether the interim injunction was granted ex parte and thus lacked jurisdiction.

Reasoning

The court found that the application to join a party and grant an interim injunction was defective and lacked jurisdiction due to the lack of urgency and the absence of a statute supporting the ex parte order. The court also found that the interim injunction was granted ex parte and thus lacked jurisdiction.

Outcome

The court sets aside the orders made in this case.

Authorities cited