Board of Trustees African Inland Church v Athanas Kisilu Nganda [2013] KEHC 2232 (KLR)

Facts

The plaintiff, Board of Trustees African Inland Church, sought to discharge and set aside an injunction order granted on February 22, 2010, due to the expiration of the 12-month period stipulated in Order 40 rule 6 of the Civil Procedure Rules. The defendant, Athanas Kisilu Nganda, claimed the land parcel where the medical clinic is situated belongs to the community and he was aggrieved by the injunction.

Issues

1. Whether the 12-month period for determining the suit has lapsed
2. Whether the injunction order should be discharged and set aside

Reasoning

The suit was filed on February 22, 2010, and the injunction order was granted on the same day. Two and a half years have since passed, and the respondent's counsel failed to respond to the application, thus no reason was given for the injunction order to subsist.

Outcome

The injunction order is discharged and/or set aside.

Authorities cited