Habiba Nyambura Abdullahi v Sheikh Abdullahi Mohammed [2019] KEELC 4917 (KLR)
The bottom line
#The High Court stopped a landowner from renting out a Nairobi plot and ordered existing tenants out until the ownership dispute is decided.
What this practically means
#Executive summary
#Key legal issues
#Prima facie case with probability of success
The plaintiff, as allottee of the suit plot by the City Council of Nairobi, demonstrated a prima facie case with a probability of success
The court considered the pleadings, the Notice of Motion and the supporting affidavit with annexures. Relying on Giella vs Cassman Brown and Mrao Limited vs First American Bank, the judge found that the plaintiff's documents showed she was the allottee of the suit plot by the City Council of Nairobi, satisfying the first Giella condition.
Irreparable loss not compensable by damages
The plaintiff demonstrated she would suffer irreparable loss not compensable by damages if the orders were not granted
Applying the second Giella principle, the court was satisfied that the plaintiff would suffer irreparable loss that could not be adequately compensated by an award of damages if the injunction and eviction orders were withheld, warranting interlocutory protection of her rights over the suit property.
Unopposed application and duty of full disclosure
The unopposed application succeeded because the applicant made full disclosure and showed a right requiring protection
The defendant was served by substituted service through an advertisement in the Standard Newspapers of 7th December 2018 and filed no response, leaving the application unopposed. Citing Kenleb Cons Ltd, the court required full disclosure and demonstration of a legal or equitable right; it was satisfied the plaintiff deserved injunctive protection.
Legal principles established
#- To succeed in an application for injunction an applicant must make full disclosure of all relevant facts and show a right, legal or equitable, requiring protection by injunction
- A prima facie case in injunction applications is assessed per the Giella vs Cassman Brown principles
Court orders
#- 1.A temporary injunction restraining the defendant from leasing, letting and/or renting out the suit property to third parties pending the hearing and determination of the suit
- 2.An order directing all third parties already in the suit property to vacate pending the hearing and determination of the suit
- 3.The officer commanding police division Buruburu Nairobi County to ensure compliance of the above orders
- 4.Costs of the application to abide the outcome of the main suit
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 51 rules 1, 2 and 11 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Habiba Nyambura Abdullahi v Sheikh Abdullahi Mohammed [2019] KEELC 4917 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4917/eng@2019-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.