ORNATO ORAZIO v BERNARD BAYA MWARO [2008] KEHC 2836 (KLR)
- Court
- High Court of Kenya
- Case number
- 2836
- Citation
- [2008] KEHC 2836 (KLR)
- Decided
- 16 April 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for discharge of temporary injunctionCoramN. R. O. Ombija
Holding
Temporary injunction is discharged
Facts
Temporary injunction was issued on July 25, 2006, restraining the plaintiff from interfering with the suit property. The defendant has not taken steps to prosecute his counterclaim and has delayed service of summons.
Issues
- Continuation of temporary injunction
- Defendant's inaction
- Abuse of court process
- Bad faith
Reasoning
The court finds that the defendant has not attended the hearing and has delayed service of summons, which is in bad faith. The court grants the application to discharge the temporary injunction.
Outcome
Temporary injunction discharged
Orders
- Temporary injunction restraining the plaintiff from interfering with the suit property be discharged
Remedies
- None specified
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure 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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