BIRCH INVESTMENTS (EPZ) LTD vs NATIONAL WATER CONSERVATION & PIPEPLINE CORPORATION [2002] KEHC 606 (KLR)
- Court
- High Court of Kenya
- Case number
- 606
- Citation
- [2002] KEHC 606 (KLR)
- Decided
- 10 May 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureInterlocutory Injunctions Pending TrialCoramJ. KHAMINWA
Holding
The court grants the interlocutory injunction pending the trial, finding that the applicant has a prima facie case and the potential for substantial damages.
Facts
Birch Investments (EPZ) Ltd applied for an interlocutory injunction to prevent the National Water Conservation and Pipeline Corporation from disconnecting water supply, claiming a verbal threat and potential loss of business.
Issues
- Whether the applicant has a prima facie case for an interlocutory injunction.
- Whether the court has discretion to grant the injunction pending the trial.
Reasoning
The court finds that the applicant has a prima facie case and the potential for substantial damages, and grants the injunction pending the trial.
Outcome
Application allowed with costs to the applicant.
Orders
- Interlocutory injunction pending the trial.
Remedies
- Interlocutory injunction.
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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