Eliud Kariuki Njagi v Gakundu Farmer’s Co-Operative Society & another [2021] KECPT 541 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 541
- Citation
- [2021] KECPT 541 (KLR)
- Decided
- 4 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureRespondent's Application for Temporary and Permanent InjunctionsCoramHon.
Holding
The court granted a temporary injunction restraining the Respondents from selling, advertising for sale, alienating, or dealing with the Claimant's Motor Vehicle Registration Number KBT 292M and assorted household goods.
Facts
The Respondents raided the Claimant's home on September 11, 2020, and took away his Motor Vehicle Registration Number KBT 292M and assorted household goods.
Issues
- Whether the Claimant has established a proper basis to warrant the grant of an order of temporary injunction.
- Who should meet the costs of the Application.
Reasoning
The court found that the Claimant had established a prima facie case with a probability of success, irreparable damage, and balance of convenience.
Outcome
The court granted the temporary injunction.
Orders
- A temporary injunction restraining the Respondents from selling, advertising for sale, alienating, or dealing with the Claimant's Motor Vehicle Registration Number KBT 292M and assorted household goods.
Remedies
- Costs of the Application to be awarded to the Claimant.
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 40, Rule 1(a)
Cases cited (2)
- Giella v Cassman Brown (1973) EA
- Mrao Limited v First American Bank of Kenya Limited (2003) 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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