FUAD MOHMOUD MOHAMED vs KENYA OIL CO. LTD [2002] KEHC 575 (KLR)
- Court
- High Court of Kenya
- Case number
- 575
- Citation
- [2002] KEHC 575 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePreliminary Objection to InjunctionCoramP.M. TUTUI, COMMISSIONER OF ASSIZE
Holding
The preliminary objections are upheld, and the suit is stayed pending the determination of Nairobi HCC 886 of 2002.
Facts
The defendant entered into a lease agreement with the plaintiff for a petrol station, and the plaintiff sought a temporary injunction. The defendant raised a preliminary objection, alleging that the suit was a duplicate of a pending case in Nairobi High Court.
Issues
- Whether the suit and hearing of the application dated 26/7/02 ought to be stayed due to a pending case.
- Whether the exparte injunction was issued upon false, misleading, and perjured evidence.
- Whether damages are adequate compensation.
- On a balance of convenience, whether the injunction should have issued.
Reasoning
The court found that the plaintiff did not fully disclose the fact that he had parted with possession in order to receive a sum of kshs 4 million in terms of the lease agreement.
Outcome
The suit is stayed pending the determination of Nairobi HCC 886 of 2002.
Orders
- The suit is stayed pending the determination of Nairobi HCC 886 of 2002.
- The order of injunction issued in this suit is lifted.
- Costs are to be awarded to the defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- KENSINGTON
- LILIAN'S 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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