DANIEL KALOKI KIOKO V WILLY MUASA KIOKO & ANOTHER [2012] KEHC 2178 (KLR)
- Court
- High Court of Kenya
- Case number
- 2178
- Citation
- [2012] KEHC 2178 (KLR)
- Decided
- 28 September 2012
The chamber summons dated 29th July 2010 is refused. It is dismissed with costs to the Defendants.
Facts
The Plaintiff filed a suit against the 1st Defendant regarding ownership of a share in a cooperative society, which was struck out due to lack of jurisdiction. The caution against the suit land was removed, and the land was transferred to the 2nd Defendant. The Plaintiff subsequently filed a new suit, but the 2nd Defendant opposed the application for temporary injunction.
Issues
- Whether the Plaintiff has a good claim against the 2nd Defendant
- Whether the Plaintiff has an interest in the suit land protectable by caution
- Whether the application for temporary injunction is necessary
Reasoning
The Plaintiff already had filed a suit against the 1st Defendant to pursue his beneficial interest in the suit land. The removal of the caution and transfer of the suit land to the 2nd Defendant did not warrant the filing of yet another suit. Multiple suits over the same subject-matter are discouraged.
Outcome
Denied
Orders
- Chamber summons dated 29th July 2010 is refused
- Dismissed with costs to the Defendants
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap 21
- Old Civil Procedure Rules
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