A N M v J W K [2015] KEHC 2191 (KLR)
- Court
- High Court of Kenya
- Case number
- 2191
- Citation
- [2015] KEHC 2191 (KLR)
- Decided
- 8 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory MotionPosturePlaintiff seeks an interlocutory order to restrain the defendant from blocking her access to a business premisesCoramGEORGE KANYI KIMONDO
Holding
The plaintiff's notice of motion is dismissed. The plaintiff should no longer have access to the shop until the hearing and disposal of the originating summons.
Facts
The plaintiff and defendant are divorced. The plaintiff claims the shop is a matrimonial property and that the defendant has denied her access, falsely accusing her of theft and assaulting her. The plaintiff has also sacked an employee and disrupted the business.
Issues
- Whether the plaintiff has a right to access the shop
- Whether the plaintiff's actions justify the defendant's denial of access
Reasoning
The plaintiff has not made out a prima facie case against the defendant. The dispute can only be addressed at a full hearing on tested evidence.
Outcome
The plaintiff's notice of motion is dismissed.
Orders
- The plaintiff should no longer have access to the shop until the hearing and disposal of the originating summons
Authorities cited
Cases cited (2)
- Kenya Hotels Limited Vs Kenya Commercial Bank and another [2004] 1 KLR 80
- Stephen Boro Gitiha v Family Finance Bank & 3 others Nairobi, Court of Appeal, Civ. Appl. 263 of 2009 (UR 183/09) [2009] eKLR
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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