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High CourtDismissed

Applicant v Respondent (interlocutory injunction application)

High Court of Kenya
17 June 2009
WKW. Karanja
326 words in judgment
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The bottom line

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The High Court in Embu dismissed a landowner's injunction application because she produced no evidence proving the disputed plots even existed or who owned them.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 16 September 2008 in which the plaintiff/applicant sought an interlocutory injunction restraining the respondent, his servants and agents from interfering with parcels of land MWEA/TEBERE/B 616, 624 and 625 pending determination of the main suit. The application was premised on Order XXXIX Rule 1 of the Civil Procedure Rules and Sections 3A and 63(c) of the Civil Procedure Act, supported by the applicant's affidavit and grounds on its face. The respondent opposed it through grounds of opposition dated 26 September 2008, and counsel addressed the court orally. Justice W. Karanja held that the application was a non-starter because neither party annexed evidence showing that the plots existed or who their registered owner was. The applicant had failed to show the plots belonged to her late husband at any time or that they were registered in the respondent's names, and had laid no basis for her claim. The court reiterated that an applicant for an injunction must first establish a prima facie case with a probability of success. The court also observed, obiter, that the invocation of Section 3A of the Civil Procedure Act was otiose but did not warrant dismissal as the respondent's counsel urged. The application was dismissed with costs to the respondent. Judgment was delivered at Embu on 17 June 2009, with Mr. Maina and Mr. Munene appearing for the parties.

Key legal issues

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01

Whether the applicant met the threshold for an interlocutory injunction

Holding

Application dismissed; no prima facie case established as no evidence showed the plots existed, belonged to the applicant's late husband, or were registered in the Respondent's names

Reasoning

The court noted there was no annexure from either party showing the plots exist or who the registered owner is. Without such foundational evidence, the applicant could not demonstrate a prima facie case with probability of success, the essential starting point for injunctive relief under Order XXXIX Rule 1.

p. 2

Legal principles established

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  • A party seeking an interlocutory injunction must first establish a prima facie case with a probability of success, and must lay a basis for the claim with evidence

Court orders

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  1. 1.Application dated 16/9/2008 dismissed with costs to the Respondent
Jurisdiction invoked
Order XXXIX Rule 1 Civil Procedure Rules; Sections 3A and 63(c) Civil Procedure Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Applicant v Respondent (interlocutory injunction application)", Case Analysis (2009). . Source:

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.