Mackwoods Limited v Kellico Limited [2021] KEELC 2337 (KLR)
- Court
- Environment & Land Court
- Case number
- 2337
- Citation
- [2021] KEELC 2337 (KLR)
- Decided
- 22 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Business Premises Rent TribunalCoramL. KOMINGOI
Holding
The application is dismissed with costs to the defendant.
Facts
The plaintiff, Mackwoods Limited, sought an injunction and other orders against the defendant, Kellico Limited, to return property and inventory it had allegedly taken away. The defendant filed a preliminary objection, claiming the plaintiff's suit was premature and sub judice.
Issues
- Jurisdiction of the court
- Sub judice rule
- Contempt of court
Reasoning
The court found the preliminary objection merited and the suit premature, thus dismissing the application.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Judicature Act
- Contempt of Court Act
Cases cited (5)
- Shimmers Plaza Limited vs National Bank of Kenya Ltd
- Republic vs Permanent Secretary Ministry of Defence
- Refrigeration & Kitchen Utensils Ltd vs Gulabchand Popatlal Shah & Others
- TSC vs KNUT & 2 Others
- Thiba Min. Hydro Co. Ltd vs Josphat Karu Ndwiga
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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