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PETER KANYIRI KOIGI V. MAKAHU OLE SEKUNDA, ISAAC NCHUNGA MUKAHU & GEOFFREY MWAI KABIRO

(2002) JELR 94993 (CA)

Court of Appeal  •  Civil Appeal 181 of 1999  •  20 Mar 2002  •  Kenya

Coram
Riaga Samuel Cornelius Omolo JA Emmanuel Okello O'Kubasu JA Moijo Matayia Ole Keiwua JA

Judgement

JUDGMENT OF THE COURT

This appeal has no merit at all. The appellant sought an injunction in the High Court. That court refused to grant the injunction on the basis that a prima facie case had not been established. We have looked at the pleadings, the submissions made before the learned Judge and his ruling on the issues raised before him. The grant of an injunction is a discretionary remedy. We see absolutely no reason why we should interfere with the learned Judge's exercise of discretion and that being our view of the matter, we order that this appeal be and is hereby dismissed with costs.

Dated and delivered at Nairobi this 20th day of March, 2002.

R.S.C. OMOLO

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JUDGE OF APPEAL

E. O. O'KUBASU

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JUDGE OF APPEAL

M. Ole KEIWUA

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JUDGE OF APPEAL

I certify that this is a true copy of the original.

DEPUTY REGISTRAR

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