ARICA RE-INSURANCE CORPORATION v NATIONAL SOCIAL SECURITY FUND BOARD OF TRUSTEE & 2 OTHERS [2007] KEHC 3609 (KLR)
- Court
- High Court of Kenya
- Case number
- 3609
- Citation
- [2007] KEHC 3609 (KLR)
- Decided
- 16 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramM.A. Ang'awa
Holding
The application for stay of execution of the injunction is dismissed.
Facts
The plaintiff sought an injunction against the defendants to stop them from operating a restaurant on the suit land, which was rented by the 1st defendant to the 2nd defendant. The plaintiff later sought to purchase the land but the deal fell through.
Issues
- Application for stay of execution of injunction
- Construction of temporary structures on the 1st defendant's property
Reasoning
The court dismissed the application as it amounts to reversing the court's orders, and it agreed with the case law of Consolidated Bank of Kenya & Others V Usafi Ltd CA 195/05 (UR117/05).
Outcome
The application is dismissed with costs to the defendant/respondents.
Orders
- Court's orders to be implemented with the utmost speed
- Application to set aside the injunction is dismissed with costs to the plaintiff/respondent
Authorities cited
Cases cited (1)
- Consolidated Bank of Kenya & Others V Usafi Ltd CA 195/05 (UR117/05)
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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