SUNRISE PROPERTIES LIMITED v FIFTY INVESTMENTS LTD & ANOTHER [2007] KEHC 3624 (KLR)
- Court
- High Court of Kenya
- Case number
- 3624
- Citation
- [2007] KEHC 3624 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureInterim Application for InjunctionCoramA.P. Shah, Akiwumi, Apaloo, C., Khamoni, Kubo, Ombija, Ringera, Russel, Sir UDO UDOMA C.
Holding
The court will not grant the injunction as the Plaintiff has not shown a prima facie case with a probability of success.
Facts
The Plaintiff/Applicant claims a valid agreement of sale with the First Defendant in 1999, for a purchase price of Kshs 5,000,000, with 10% paid and the balance due for transfer. The First Defendant failed to complete the transaction.
Issues
- Whether the Plaintiff has a prima facie case with a probability of success.
- Whether the Plaintiff might otherwise suffer irreparable injury.
- When the court is in doubt, whether it will decide the application on the balance of convenience.
Reasoning
The court applied the principles from GIELLA VERSUS CASSMAN BROWN & CO.LTD, stating that the Plaintiff must show a probability of success, likelihood of irreparable harm, and that damages would not adequately compensate.
Outcome
The application for an interim injunction was dismissed.
Authorities cited
Cases cited (2)
- GIELLA VERSUS CASSMAN BROWN & CO.LTD [1973] E.A. 358
- MUREITHI VERSUS CITY COUNCIL [1981] KLR 332
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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