REPUBLIC OF KENYA IN THE HIGH COURT OF BUNGOMA HCCC NO.59 OF 2008 ESNAS ASIRI MUNG’EDI...................................................................PLAINTIFF VS STEPHEN SIMON ASIRIKWA.................................................1ST DEFENDANT ROSELYNE NANGEKHE...........................................................2ND DEFENDANT JOSEPH OPICHO KAWA.........................................................3RD DEFENDANT PRIDGEON BARASA MASAKE...............................................4TH DEFENDANT ASLAN E. LASCAR BRAHIM...................................................5TH DEFENDANT ISABEL MARTHA NJAMBI......................................................6TH DEFENDANT TERESA NAKHUNGU WATI.....................................................7TH DEFENDANT
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RULING In paragraph 2 of the affidavit sworn in support of the summons reference is made to a confirmed grant. Copy of this grant was not annexed to show the extend of the estate of the deceased, the ascertained beneficiaries and the respective shares. The court would not know at this stage whether the deceased had made any provision to the Defendants before he died. The basis upon an interlocutory injunction is issued is whether the Appellant has demonstrated a prima facie case with a probability of success; whether he will otherwise suffer irreparable loss and damages; and whether, if the court is in doubt, the balance of convenience tilts in his favour (Giella v. Cassman Brown & Co. Ltd [1973] EA 358). I do not find that the principles, or any of them have been satisfied. The application is dismissed with costs. Ruling delivered in open court this 15th day of March, 2012. A. O. MUCHELULE JUDGE
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