Athi Paper Mills Limited v Dakawou Transport Limited [2017] KEELC 3783 (KLR)
- Court
- Environment & Land Court
- Case number
- 3783
- Citation
- [2017] KEELC 3783 (KLR)
- Decided
- 14 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramL. GACHERU
Holding
The Court finds that the Plaintiff has not established a prima facie case with probability of success and dismisses the Notice of Motion entirely.
Facts
Athe Paper Mills Limited (Plaintiff) filed a Notice of Motion against Dakawou Transport Limited (Defendant) seeking an interlocutory injunction to restrain the Defendant from interfering with the Plaintiff's land, LR No.337/1208, situated in Mavoko Township, Machakos District.
Issues
- Trespass
- Non-payment of Consideration
- Fraudulent Transfer
- Sale and Alienation of Land
- Defendant's Assets and Ability to Pay
- Fraud Against the Plaintiff
Reasoning
The Court dismissed the Plaintiff's application for interlocutory injunction due to the Plaintiff's failure to disclose a previous Court Order over the suit property, and the Plaintiff's lack of clean hands.
Outcome
The Notice of Motion is dismissed entirely with costs to the Defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
Cases cited (1)
- Giella v. Cassman Brown
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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