Paul James Savage v LES Belles Sauvages Limited (In Liquidtion) & another [2017] KEELC 1214 (KLR)
- Court
- Environment & Land Court
- Case number
- 1214
- Citation
- [2017] KEELC 1214 (KLR)
- Decided
- 12 October 2017
The Plaintiff has established a prima facie case with a probability of success and the court grants the order of injunction to restrain the Defendant from selling the Suit Property until the suit is heard and determined.
Facts
The Plaintiff, Paul James Savage, claims to be the beneficial owner of the Suit Property, land known as Kwale/Diani Beach Block 783/3, which was purchased with funds he provided during his marriage to his former wife. The Defendant, Les Belles Sauvages Limited (in liquidation), is the registered owner of the property and is attempting to sell it. The Plaintiff seeks an injunction to restrain the Defendant from selling the property until the suit is heard and determined.
Issues
- Whether the Plaintiff is the beneficial owner of the Suit Property
- Whether the Plaintiff will suffer irreparable damage if the property is sold
Reasoning
The court finds that the Plaintiff has established a prima facie case with a probability of success and that damages may not compensate the Plaintiff if the Suit Property is sold by the Official Receiver for purposes of dividing the proceeds between the shareholders of the Company.
Outcome
The court grants the injunction.
Orders
- The Defendant is restrained from selling the Suit Property until the suit is heard and determined.
Remedies
- Injunction
Authorities cited
Cases cited (2)
- Assanand V. Pettitt [1989] KLR 242
- Shivabhai Nathabhai Patel V. Manibhai Hathibhai Patel [1959] EA 907
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