Samuel KamiriCrispoh v John NjeruKahihu [2015] KEHC 1128 (KLR)
- Court
- High Court of Kenya
- Case number
- 1128
- Citation
- [2015] KEHC 1128 (KLR)
- Decided
- 25 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeSuccession CausePostureRespondent's Application for InjunctionCoramJohn M. Mativo
Holding
The application is dismissed with no orders as to costs.
Facts
The applicant, Samuel KamiricoCrispoH, moved the court seeking orders for a temporary injunction to restrain the respondent, John NjeruKahihu, from entering, using, wasting, or interfering with his possession of land L.R. N. Githi/Kirerema/177 pending the hearing and determination of the succession cause.
Issues
- Whether the application for an injunction is urgent and should be heard ex-parte.
- Whether the applicant has satisfied the tests for granting an injunction.
- Whether the balance of convenience demands that the current status quo be maintained until the distribution of the estate is done and the shares of beneficiaries are confirmed.
Reasoning
The court found that the applicant has not satisfied the tests for granting an injunction and that the balance of convenience demands that the current status quo be maintained until the distribution of the estate is done and the shares of beneficiaries are confirmed.
Outcome
Application dismissed
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules
- Law of Succession Act
- Probate and Administration Rules
Cases cited (3)
- Cap 160 Laws of Kenya
- Halsbury’s Laws of England, Third Edition, Volume 21, paragraph 739, page 352.
- Halsbury’s Laws of England, Third Edition, Volume 21, paragraph 766, page 366.
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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