Nabakhwana Farmers Cooperative Society Ltd v Lois Holdings Limited & another [2021] KEELC 1722 (KLR)
- Court
- Environment & Land Court
- Case number
- 1722
- Citation
- [2021] KEELC 1722 (KLR)
- Decided
- 30 September 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to set aside ex-parte injunction and order for service of application inter partesCoramNixon Sifuna
Holding
The ex-parte injunction is set aside due to the lack of proper service of the application for injunction.
Facts
The 1st defendant/applicant sought an ex-parte injunction on 5/5/2021, which was granted. The 1st defendant now seeks to set aside this injunction and order for service of the application inter partes.
Issues
- Whether the ex-parte injunction should be set aside
- Whether service of the application for injunction was effected
Reasoning
The court found that the defendants were not served with the application for injunction, leading to a lack of proper service. The injunction order must be set aside, and the application for service must be heard inter partes.
Outcome
The ex-parte injunction is set aside, and the application for service is granted.
Orders
- The ex-parte injunction is set aside
- The application for service is granted
Remedies
- The defendants are ordered to be served with the application for injunction inter partes
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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