TABITHA MORAA MOKAYA V SAMSON EKONGO ASIACHI [2012] KEHC 5726 (KLR)
- Court
- High Court of Kenya
- Case number
- 5726
- Citation
- [2012] KEHC 5726 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for conservatory orderCoramMUMBI NGUGI
Holding
The application is dismissed and the Originating Notice of Motion is struck out with costs to the respondent.
Facts
The applicant, Tabitha Moraa Mokaya, sought an interim conservatory order to restrain the respondent, Samson Ekongo Asiachi, from threatening or infringing her constitutional rights. The execution arose from a road accident involving a motor vehicle registered in the applicant's name but under a beneficial owner.
Issues
- Infringement of constitutional rights
- Abuse of court process
Reasoning
The court found no violation of the applicant's rights and dismissed the application as an abuse of the court process. The applicant has a right of appeal against the lower court's decision.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Article 20, 21, 22, 23, 27, 47 and 50(1) of the Constitution
- Insurance (Motor Vehicles Third Party Risks) Act
Cases cited (3)
- Samaila Umaru v. the State (2008) LPELR –CA/A/153/C/2005
- Chokolingo v. Attorney General of Trinidad and Tobago (1981) 1 ALL ER 244
- Maharaj v. Attorney General of Trinidad and Tobago (No. 2) [1978] ALL ER 670
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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