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Rentford Drapers Ltd v Nairobi City Council (? 5934 of 1993) [2003] KEHC 622 (KLR) (13 March 2003)

[2003] KEHC 622 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
622
Citation
[2003] KEHC 622 (KLR)
Decided
13 March 2003
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision on a preliminary objection to the assessment of damagesCoramE. M. Githinji
Holding

The court granted leave to appeal

Facts

The plaintiff, Rentford Drapers Ltd, filed a suit against the Nairobi City Council alleging unlawful advertising of his property for sale by public auction. The plaintiff sought an injunction and damages.

Issues

  1. Whether the damages sought in the plaint are pleaded
  2. Whether the plaintiff has a basis to seek damages in the plaint

Reasoning

The court found that the damages sought were not pleaded in the plaint and that there was no basis for giving evidence to prove damages.

Outcome

Leave to appeal granted

Orders

  • Leave to appeal granted
  • Ex parte interlocutory injunction to restrain the sale of the property
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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