HOME SAVINGS & MORTGAGES LIMITED v JOSEPH MUIGAI WANENE & 7 others [2006] KEHC 939 (KLR)
- Court
- High Court of Kenya
- Case number
- 939
- Citation
- [2006] KEHC 939 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision to strike out amended pleadings and grant injunctionCoramMARY KASANGO
Holding
The court grants a temporary injunction restraining the Defendants from dealing with the property charged to the Plaintiff until the final determination of the case.
Facts
The Plaintiff sought a temporary injunction against the Defendants to restrain them from dealing with property charged to the Plaintiff. The Defendants raised objections to the amended pleadings and the application for injunction.
Issues
- Amended pleadings
- Temporary injunction
Reasoning
The court finds that the Plaintiff has shown a prima facie case and is deserving of the injunction.
Outcome
The court grants the injunction.
Orders
- Temporary injunction
- Amended pleadings struck off
- Chamber Summons dated 18th April, 2006 costs awarded
Remedies
- Temporary injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Civil Appeal No. 61 Of 1999 Between Board of Governors, Nairobi School and Jackson Ireri Geta
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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