Zachary Okemwa Nyandieka v Standard Chartered Bank Kenya Limited & another [2018] KEELC 4243 (KLR)
- Court
- Environment & Land Court
- Case number
- 4243
- Citation
- [2018] KEELC 4243 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for determination of interim injunctionCoramCHRISTINE OCHIENG
Holding
The Plaintiff's application for interim injunction is dismissed with costs.
Facts
The Plaintiff filed a suit (SPMC No. 4 of 2016) against the Defendants over land, obtaining interim orders on 12 January 2016. The suit was stayed due to a Malindi High Court Petition No. 3 of 2016. The interim orders were extended, but the Plaintiff claims they have not lapsed.
Issues
- Whether the Plaintiff is entitled to interim injunction pending the outcome of the suit
Reasoning
The court found that the Plaintiff has not established a prima facie case for the injunction and that the interim orders were not lapsed. The court noted the Plaintiff's failure to prosecute the suit and engaged in forum shopping.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- Giella Vs. Cassman Brown & Co. Ltd (1973) EA 358
- Mrao Limited Vs. First American Bank of Kenya Limited & 2 others (2003) KLR 125
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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