STEPHEN KORIO GICHUHI v THE BOARD OF GOVERNORS, GATHIRIMU GIRLS TECHNICAL HIGH SCHOOL [2012] KEHC 5629 (KLR)
- Court
- High Court of Kenya
- Case number
- 5629
- Citation
- [2012] KEHC 5629 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for InjunctionCoramP. NYAMWEYA
Holding
An injunction can be granted against the Defendant
Facts
Plaintiff Stephen Korio Gichuhi filed an application seeking an injunction to restrain the Defendant, Gathirimu Girls Technical High School, from selling, disposing, leasing, transferring, developing or erecting any structures on the suit property. The Plaintiff claims ownership of the land since 1972 and alleges fraudulent transfer by the Defendant.
Issues
- Whether an injunction can be granted against the Defendant
- Whether the Plaintiff has established a prima facie case for an injunction
Reasoning
The court found that the Plaintiff has established a prima facie case and that damages would not be an adequate remedy due to the involvement of another pending suit.
Outcome
The Defendant is restrained from interfering with the Plaintiff's title to the suit property pending the hearing and final determination of the suit.
Orders
- Restraint on Defendant from interfering with Plaintiff's title to the suit property
- Consolidation of the suit with High Court ELC Suit No. 1738 of 2007
Remedies
- Injunction
Authorities cited
Cases cited (2)
- Maua Methodist Hospital Sacco v Commissioner, Kenya Revenue Authority (2011) eKLR
- Giella v Cassman Brown & Co Ltd (1973) EA 358
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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