Omar (Suing on his behalf and as legal representative of the Estates of Sakinabal Ali Mohamed (Deceased) v Intergra Auctioneers (K) Company & 3 others (Environment & Land Case 231 of 2021) [2023] KEELC 21060 (KLR) (9 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21060
- Citation
- [2023] KEELC 21060 (KLR)
- Decided
- 9 October 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureAppeal from a previous order dismissing a preliminary objectionCoramABDALLA HAJI MOHAMED SEME, LL NAIKUNI, Messrs., Nzioka, Ringera, SHOKAT IBRAHIM JUNE, Yasmin Ibrahim Ali Mohamed
Holding
The application for an interlocutory injunction is dismissed.
Facts
Sakinabal Ali Mohamed died intestate, and his estate is represented by the plaintiff. The 2nd Defendant, Intergra Auctioneers, had scheduled a public auction of a parcel of land in Old Town Mombasa on November 23, 2021.
Issues
- Whether the plaintiff has made out a case for the grant of an interlocutory injunction.
- Whether the 2nd Defendant has grounds to review the order dismissing their preliminary objection.
- Who bears the costs of the suit.
Reasoning
The court found that the plaintiff did not establish a prima facie case for the grant of an interlocutory injunction. The statutory power of sale was being properly exercised by the 2nd Defendant.
Outcome
The application for an interlocutory injunction is dismissed.
Orders
- The application for an interlocutory injunction is dismissed.
Authorities cited
Legislation (3)
- Civil Procedure Rules, 2010
- Order 40 Rules 1, 2, 3 (3) and 4
- Sections 56 (2) of the Kenya Deposit Insurance Act
Cases cited (4)
- Giella - Versus - Cassman Brown & Co Ltd
- Nguruman Limited - Versus - Jan Bonde Nielsen & 2 others
- MRAO Limited
- MRAO Ltd Case
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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