FUAD MAHMOUD MOHAMED vs KENYA OIL CO. LTD [2002] KEHC 936 (KLR)
- Court
- High Court of Kenya
- Case number
- 936
- Citation
- [2002] KEHC 936 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a preliminary objection to a chamber summons seeking a prohibitory and mandatory injunctionCoramP.M. TUTUI, COMMISSIONER OF ASSIZE
Holding
The preliminary objections are upheld, and the suit is stayed pending the determination of the pending case in Nairobi High Court.
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 is a duplicate of a pending case
- Whether the exparte injunction was issued on false, misleading, and perjured evidence
- Whether damages are adequate compensation
- Whether a balance of convenience was met
Reasoning
The court found that the plaintiff did not 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, which was a material fact.
Outcome
The suit is stayed pending the determination of the pending case in Nairobi High Court.
Orders
- The suit is stayed pending the determination of Nairobi HCC 886 of 2002
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- KENSINGTON
- LILIAN'S
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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