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Telkom Kenya Limited v Roka Trading Company Limited & 5 others (Environment and Land Case Civil Suit E65 of 2022) [2024] KEELC 725 (KLR) (15 February 2024) (Ruling)

[2024] KEELC 725 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
725
Citation
[2024] KEELC 725 (KLR)
Decided
15 February 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramLA OMOLLO
The court granted the interim injunctions sought by the Applicant.

Facts

Telkom Kenya Limited filed a Notice of Motion application seeking interim injunctions against Roka Trading Company Limited and five others to prevent them from removing, interfering, destroying, or in any way dealing with goods in or entering Nakuru/Municipality/Block 5/19 and its development.

Issues

  • Whether the Applicant has met the threshold for grant of injunctive orders?

Reasoning

The court found that the Applicant had established a prima facie case and that there was a danger of the property being wasted, damaged, or alienated by the Respondents.

Outcome

Appeal allowed

Orders

  • Interim injunction restraining Respondents from removing, interfering, destroying, or dealing with goods in or entering Nakuru/Municipality/Block 5/19 and its development pending the hearing and determination of the suit.

Remedies

  • Interim injunction

Authorities cited

Legislation (1)
  • Civil Procedure Rules, 2010
Cases cited (3)
  • Giella v Cassman Brown & Company Limited
  • Nguruman Limited Vs Jan Bonde Nielsen & 2 others
  • Mrao Ltd Vs First American Bank of Kenya Ltd & 2 others
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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