Yurub Investment Limited & another v Diamond Trust Bank Limited & another [2021] KECA 568 (KLR)
- Court
- Court of Appeal
- Case number
- 568
- Citation
- [2021] KECA 568 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramR.N. Nambuye, A. Sikie-Makhandia, S. ole Kantai
Holding
The Motion fails and is dismissed with costs to the 1st respondent.
Facts
The 1st applicant (Yurub Investment Limited) and 2nd applicant (New Nyanza Wholesalers Limited) sought an injunction to restrain the 1st respondent (Diamond Trust Bank Limited) and 2nd respondent (Dalali Traders Auctioneers) from attaching, transferring, or advertising for sale the suit property (L.R. No. 209/1063) pending the hearing and determination of the application and an intended appeal.
Issues
- Whether the applicants have clean hands to seek an injunction.
- Whether the intended appeal would be rendered nugatory if the ruling is not stayed.
Reasoning
The applicants failed to disclose material facts on matters that happened in the High Court and in this Court, and the intended appeal would not be rendered nugatory if the ruling is not stayed.
Outcome
Dismissed
Orders
- The Motion is dismissed with costs to the 1st respondent.
Authorities cited
Cases cited (1)
- Kawaljeet Singh Zekhi v Peter Wainaina Kamau & 2 Others [2016] eKLR
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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