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SHABANA SUPERMARKET LTD vs GLAD - ALL FINANCE LTD & 3 OTHERS [1998] KEHC 263 (KLR)

[1998] KEHC 263 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
263
Citation
[1998] KEHC 263 (KLR)
Decided
6 May 1998
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureApplication for InjunctionCoramA. MBOGHOLI MSAGHA
Holding

The application for injunction orders is dismissed.

Facts

The plaintiff and the 1st defendant entered into a floating debenture agreement where the 1st defendant was to advance the plaintiff Kshs. 15,500,000, but only Kshs. 6 million was advanced. The plaintiff breached the terms of the agreement, and the 1st defendant appointed the 2nd, 3rd, and 4th defendants as joint receivers and managers.

Issues

  1. Whether the plaintiff breached the debenture agreement
  2. Whether the defendants should be granted injunction orders

Reasoning

The court found that the plaintiff breached the terms of the debenture agreement, and thus, the defendants were not entitled to injunction orders.

Outcome

The application for injunction orders is dismissed.

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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