CAROLINE ANYANGO ONYANGO V JASON MAINGI [2009] KEHC 4202 (KLR)

Facts

The Plaintiff, Caroline Anyango Onyango, seeks a temporary injunction against the Defendant, Jason Maingi, to prevent him from proceeding with distress and sale of immovable properties at Hse No. 236, Dam Estate Nairobi. The Plaintiff claims the goods in the properties belong to her, despite her admitting the rent is due and owing.

Issues

1. Whether the Plaintiff has met the standards required for granting an injunction as set out in the case of Giella vs Cassman Brown.
2. Whether the Plaintiff has a prima facie case with a probability of success, that the injury likely to be suffered cannot be compensated by way of damages.

Reasoning

The court found the Plaintiff did not meet the standards required for an injunction and that the Plaintiff failed to demonstrate a prima facie case with a probability of success. The court also noted the Plaintiff's attempt to use the court to evade payment of rent.

Outcome

Application dismissed with costs

Authorities cited