Josephine Njoki Mwangi (Suing as the Legal/Personal representative of the estate of the late Joseph Kiragu Muragu) v Housing Finance Company (K) Ltd [2012] KEHC 2532 (KLR)

Facts

The plaintiff sought an interlocutory injunction to restrain the defendant from selling a property, which the court granted on July 2, 2012. The plaintiff later sought a temporary injunction, which was granted on July 2, 2012. The plaintiff then sought a further interlocutory injunction on August 22, 2012.

Issues

1. Whether the plaintiff's application for a further interlocutory injunction is barred by res judicata
2. Whether the plaintiff's application for a further interlocutory injunction is an abuse of the court process

Reasoning

The court held that the plaintiff's application was an abuse of the court process because it sought to re-litigate the issue of the sale of the property, which was already decided by the court in a previous ruling.

Outcome

Appeal dismissed

Authorities cited