Wilfred Nderitu Kanyi Gachoka v Nairobi City Water & Sewerage Co.

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Case 959 of 2006 WILFRED NDERITU KANYI GACHOKA ……………… PLAINTIFF VERSUS NAIROBI CITY WATER & SEWERAGE CO. ….....… DEFENDANT RULING I: BACKGROUND 1. I have before me an application for an injunction to restrain the defendants the Nairobi City Water and Sewerage Company from disconnecting water. That a supply of water to the defendants be made pending the determination of the suit. 2. Ex parte orders were duly granted by the duty judge Kihara J 12.9.06 on condition that the applicants deposits the disputed sum in questions owned to the defendant is in court. This was duly done and the applicant now seek in this inter parties hearing for the orders to be confirmed. 3. In reply the defendants/respondent set the plaintiff are guilty of latchets and should not be granted an injunction more so a mandatory injunction. The applicant- plaintiff relied on case law of:Showind International Ltd v Guardian Bank Ltd (2002) EA 284 and the Kenya Breweries Ltd v Okeyo 2002 I EA 109 that permitted mandatory injunction to be issued. II: FINDING 4. In this case the real issue between the parties is an over payment charge of Ksh.25,160/-. All the parties require to do is sit down and find out how this “over charge arose”. 5. I hereby grant the application for an injunction until the determination of the main suit namely, the sum of Ksh,25,160/- and how it arose. Is this sum due and owing?

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