DAVID PETERSON KIENGO & 2 OTHERS V KARIUKI THUO [2012] KEHC 5881 (KLR)

Facts

Stephen Thuo Kihoro passed away in 1999, leaving behind four parcels of land. His heirs, Mary Njeri Thuo, Paul Kihoro Thuo, and James Kariuki Thuo, obtained Letters of Administration Intestate in 2001. The Plaintiffs in HCCC No. 180 of 2011 and HCCC No. 220 of 2011, David Peterson Kiengo, Nkiiri Victor Michubu, KenaKena Investments Ltd., and Mary Njeri Thuo, sought injunctive relief against Kariuki Thuo and Fountain Savings & Credit Cooperative Society Ltd.

Issues

1. Ownership of the parcels of land
2. Irreparable harm and the grant of interlocutory injunctions

Reasoning

The court found that the Plaintiffs in HCCC No. 180 of 2011 are likely to prevail on the merits and will suffer irreparable harm if the injunction is not granted. The court dismissed the application against Fountain Savings & Credit Cooperative Society Ltd. due to lack of evidence of irreparable harm.

Outcome

The court grants the application for interlocutory injunction against Kariuki Thuo and dismisses the application against Fountain Savings & Credit Cooperative Society Ltd.

Authorities cited