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Bulk Medicals Ltd v Paramount Universal Bank Ltd & 2 others [2006] KECA 14 (KLR)

[2006] KECA 14 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
14
Citation
[2006] KECA 14 (KLR)
Decided
8 December 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for injunction pending appealCoramKasango
Holding

The court granted a mandatory injunction to compel the respondents to reinstate the applicant in the running and management of its business.

Facts

Bulk Medicals Ltd applied for an injunction pending the appeal of a High Court ruling dismissing their application. The High Court judge found the applicant had not made a prima facie case for an injunction.

Issues

  1. Whether to grant an injunction pending appeal
  2. Whether the applicant's appeal is arguable

Reasoning

The court found some arguable issues raised by the applicant and concluded that granting the injunction was necessary to prevent irreversible actions by the receivers, which could render the appeal's success nugatory.

Outcome

The court granted the injunction.

Orders

  • Compel respondents to reinstate applicant in running and management of business

Remedies

  • Mandatory injunction
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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