L N N v S N K & another [2015] KEHC 6 (KLR)
- Court
- High Court of Kenya
- Case number
- 6
- Citation
- [2015] KEHC 6 (KLR)
- Decided
- 19 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial CausePostureAppeal from the original trial outcomeCoramA. K. NDUNG'U
Holding
The application for injunction is allowed in terms of prayer (3). The Plaintiff shall have the costs of the application.
Facts
The Plaintiff and the 1st Defendant are husband and wife who got married in 1993. The suit property, registered under the 1st Defendant, was sold to the 2nd Defendant in 2014 without the Plaintiff's consent.
Issues
- Whether the sale of the suit property was fraudulent and without the Plaintiff's consent.
- Whether the Plaintiff is entitled to a declaration that the suit property is matrimonial property.
- Whether the Plaintiff is entitled to a permanent injunction restraining the Defendants from interfering with the suit property.
Reasoning
The court found that the Plaintiff is likely to suffer irreparable damage if the suit property is not protected by an injunction, and that the purpose of the interlocutory injunction is to preserve the rights of the parties and the property in dispute until the suit is finally determined.
Outcome
Appeal upheld
Orders
- An injunction restraining the Defendants from trespassing on, wasting, damaging and interfering with the suit property known as BAHATI/[Particulars Withheld].
Remedies
- Costs of the application
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (1)
- Noorani vs Joyce Akinyi Ochieng' (2003) 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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