SALOME WAINJIKU NJUGUNA v JOEL KUNGU WAINAINA & another [2008] KEHC 844 (KLR)
- Court
- High Court of Kenya
- Case number
- 844
- Citation
- [2008] KEHC 844 (KLR)
There is no prima facie case made out for an injunction to issue, and the application is dismissed with costs to the respondents.
Facts
The plaintiff, Salome Wanjiku Njuguna, filed a suit against the defendants, Joel Kungu Wainaina and Wilson Waithaka Gitau, claiming they fraudulently sold land parcel LR No. Kiganjo/Gachika 2/1331 from one to the other. The suit was filed on 22 December 2006, and an injunction application was filed on 14 May 2008.
Issues
- Whether there is a prima facie case for an injunction to issue.
- Disclosure of material facts by the plaintiff.
Reasoning
The plaintiff failed to disclose the existence of an earlier case (Hccc200/98) where the plaintiff had sued the defendant for battery, resulting in the defendant's land being auctioned and bought by the second defendant. The registrar failed to register prohibitory orders filed in 2003.
Outcome
Application for Injunction Dismissed
Authorities cited
Cases cited (1)
- Hccc200/98 (Ombija J 21.2.02)
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