RULING
i. Introduction:
[1] The Plaintiff issued a Writ of Summons against the Defendants on June 16, 2017 for certain reliefs endorsed thereon. Among the reliefs the Plaintiff is seeking are:
i) A declaration that the brand new Land Rover Discovery 4 HSE which the Plaintiff bought from the 1st Defendant on the 10th day of April 2014 has a manufacturer defect and therefore same is not fit for the purpose for which same was bought.
ii) A declaration that the 1st Defendant has breached the warranty agreement on the vehicle sold to the Plaintiff.
[2] The Plaintiff is also seeking an order directed at the 1st Defendant to replace the said vehicle with a brand new one and against the 2nd Defendant the Plaintiff seeks an “interim order of injunction directed at the 2nd Defendant to restrain it from receiving the monthly repayment on the said vehicle from the Plaintiff until the final determination of this suit”.
[3] Pleadings have closed and the parties have filed their witness statements pursuant to the Court’s orders made after the application for directions was taken. The mandatory Case Management Conference is yet to be conducted. Now, the Plaintiff has brought the instant application for an interim order of mandatory injunction against the 1st Defendant.
[4] It is noted that Order 25 r 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order[1].
[5] Drawing on the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant to whom I refer simply as the Applicant has filed in this court on January 21, 2019, an application praying for:
“… an interim order of mandatory injunction compelling the 1st Defendant/Respondent to deliver to the Applicant, Courtesy Vehicle Jaguar F-PACE with registration number GM 644-16, which is currently in possession of the Applicant, for his use until the final determination of the suit upon the grounds set out in the accompanying affidavit and for any other order or orders as this Honourable Court may deem meet”.
ii. The case of Plaintiff/Applicant
[6] The case of the Plaintiff/Applicant as per the supporting
