SOUTHERN CREDIT BANKING CORPORATION LTD V SOLOMON W. KARANJA [2012] KEHC 3764 (KLR)
- Court
- High Court of Kenya
- Case number
- 3764
- Citation
- [2012] KEHC 3764 (KLR)
- Decided
- 5 March 2012
The Court grants an interlocutory injunction to maintain the status quo at the suit property, L.R. No. 2476/I/MN, pending the hearing of the main cause and the amendment of the plaint to join Olive Wanjiru Karanja and Fidelity Shield Insurance Co. Ltd as parties.
Facts
The plaintiff, Southern Credit Banking Corporation Ltd, filed a suit seeking an injunction to prevent the defendant, Solomon W. Karanja, from disposing of his interests in plot L.R. No. 2476/I/MN, pending the hearing and determination of the suit. The defendant is a joint-lessee of the property with Olive Wanjiru Karanja, and a first charge over the property was registered in favor of Fidelity Shield Insurance Co. Ltd.
Issues
- Whether the plaintiff has a prima facie case with a probability of success.
- Whether the Court should impose a charge on the defendant's property without the interests of Olive Wanjiru Karanja and Fidelity Shield Insurance Co. Ltd being represented in the suit.
Reasoning
The Court finds that the plaintiff has a weighty claim against the defendant, but the defendant's property is subject to interests not represented in the suit. The Court emphasizes the importance of justice without undue regard to procedural technicalities.
Outcome
Interlocutory injunction granted.
Orders
- Plaintiff to amend, file, and serve the plaint of 1st March, 2010 joining both Olive Mugenda Karanja and Fidelity Shield Insurance Co. Ltd as parties.
- Pre-trial process to be conducted with due diligence.
- Status quo at the suit property to be maintained pending the hearing of the main cause and any further Orders or directions by the Court.
- Parties to have the liberty to apply.
- Costs to be in the cause.
Remedies
- Interlocutory injunction to maintain the status quo at the suit property.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap.21, Laws of Kenya)
- Civil Procedure Rules, 2010
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