MOHIDEEN GILANI v NADEEM SHAKOOR KHAN & another [2007] KEHC 524 (KLR)
- Court
- High Court of Kenya
- Case number
- 524
- Citation
- [2007] KEHC 524 (KLR)
- Decided
- 22 May 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramH. M. OKWENGU
Holding
The application is dismissed with costs. The court declines to grant the interlocutory injunction and finds no merit in the prayer for security.
Facts
Mohideen Gilani brought a suit against Nadeem Shakoor Khan and Sadasivam Ventkatesan seeking judgment for Kshs.3,220,000/=, an injunction, general damages, and costs. The Respondents had borrowed Kshs.4.5 Million from the Applicant and given several motor-vehicles as security. The Respondents now repossessed the vehicles and threatened to sell them.
Issues
- Whether to grant an interlocutory injunction to restrain the Respondents from selling the motor-vehicles
- Whether to order the Respondents to deposit security in court
Reasoning
The court finds that the motor-vehicles are subject to fast depreciation and that the Respondents are not about to abscond or dispose of their properties. Damages are an adequate remedy.
Outcome
Dismissed with costs
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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