Siteyia v Gitome & 3 others [1993] KEHC 88 (KLR)
- Court
- High Court of Kenya
- Case number
- 88
- Citation
- [1993] KEHC 88 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for temporary injunction dismissedCoramR.C.N KULOBRA
Holding
The Court dismisses the application for a temporary injunction.
Facts
The applicant, Siteyia, seeks a temporary injunction to restrain defendants from interfering with the suit premises until the suit is heard and determined. The suit is to cancel a sale and purchase of the suit land on grounds of alleged illegality and fraud.
Issues
- Whether the applicant has shown irreparable injury before the determination of the suit
- Whether the balance of convenience favours granting the injunction
Reasoning
The court finds no prima facie case with a probability of success for the applicant. The land is intact, and the applicant has not shown what injury he is likely to suffer before the determination of the suit. The court considers the public interest and the inconvenience to the bank and borrower.
Outcome
Application dismissed
Orders
- Costs of the application shall be costs in the cause
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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