PMM v MGM [2021] KEHC 12870 (KLR)
- Court
- High Court of Kenya
- Case number
- 12870
- Citation
- [2021] KEHC 12870 (KLR)
- Decided
- 20 January 2021
The court finds that the Applicant has changed his pleadings at the submissions stage and cannot be allowed to raise a different or fresh case without due amendment properly made.
Facts
PMM filed an Originating Summons and Notice of Motion seeking a temporary injunction and other equitable orders. The Respondent filed a Notice of Motion seeking a divorce and moved to the court. The Respondent allegedly disobeyed a court order restraining her from disposing of matrimonial property, including the motor vehicle.
Issues
- Whether there exists a valid court order restraining the Respondent from disposing of matrimonial property
- Whether the Respondent has disobeyed the court order
Reasoning
The court considers the Applicant's submissions as seeking contempt of court rather than the mandatory injunction he sought in his Notice of Motion. The principle of parties being bound by their pleadings is emphasized.
Outcome
The application is dismissed.
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