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PRINTING INDUSTRIES LIMITED & another v BANK OF BARODA KENYA LIMITED [2008] KEHC 587 (KLR)

[2008] KEHC 587 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
587
Citation
[2008] KEHC 587 (KLR)
Decided
1 September 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trialCoramL. KIMARU
Holding

The defendant's counsel's conduct is disregarded, and the defendant is ordered to await the court's ruling before taking any further action.

Facts

The case involved an application for an injunction, where both parties made submissions and concluded their arguments. A pending administrative issue was addressed by the presiding judge, Lady Justice Lesiit.

Issues

  1. Interpretation of Section 96 of the Companies Act
  2. Fair trial principles

Reasoning

The court ruled that the defendant's counsel's request to have the matter mentioned before the court was not in accordance with the Civil Procedure Act and the rules made thereunder. The court emphasized the importance of fair trial principles and discouraged the practice of re-opening arguments after a ruling has been reserved.

Outcome

The application for an injunction is dismissed.

Orders

  • The defendant's counsel's submissions are disregarded.
  • The defendant is ordered to await the court's ruling before taking any further action.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Companies Act
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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