Russell Co. Ltd v Commercial Bank of Africa Ltd & another [1985] KECA 41 (KLR)
- Court
- Court of Appeal
- Case number
- 41
- Citation
- [1985] KECA 41 (KLR)
- Decided
- 29 December 1985
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the High Court at Nairobi.CoramA. Kneller, J. O. Nyarangi
Holding
The appeal is allowed, and the High Court's order is set aside. Injunctions are granted in terms of the Chamber summons dated August 10, 1984.
Facts
The Plaintiff, Russell Company Limited, filed a suit against the Commercial Bank of Africa and Land Development Limited for damages and injunctions due to a fraudulent sale of a residential parcel of land.
Issues
- Fraud in the sale of a residential parcel of land
- Discretion to grant interim injunctions
Reasoning
The court found that the Plaintiff had not made out a case for the injunctions and that the nature of the appeal would not be rendered nugatory without an injunction.
Outcome
Appeal successful
Orders
- Injunctions granted in terms of the Chamber summons dated August 10, 1984
Remedies
- Injunctions granted
Authorities cited
Cases cited (1)
- Erinford Properties Ltd v Cheshire County Council, [1974] 2 All ER 448
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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