SAFARI LUXURY SHUTTLE LIMITED v MUNICIPAL COUNCIL OF NAKURU [2009] KEHC 1397 (KLR)
- Court
- High Court of Kenya
- Case number
- 1397
- Citation
- [2009] KEHC 1397 (KLR)
- Decided
- 25 September 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureInterlocutory ApplicationCoramW. OUKO
Holding
The application is dismissed with costs to the respondent.
Facts
The applicant, Safari Luxury Shuttle Limited, sought an order for the respondent, Municipal Council of Nakuru, to return its trade licences and release its motor vehicle KBA 819C, which was confiscated. The applicant claimed it had operated under the name Safari Luxury Shuttle Ltd. along Kenyatta Lane and had applied for and obtained a booking office at the respondent's CIGMA BUSINESS CENTRE.
Issues
- Whether the applicant had authority or licence to park at the parking lot where the motor vehicle was impounded.
- Whether the applicant was in violation of the Municipal By Laws and the contract with the respondent.
Reasoning
The issues involved are contested, and the applicant has not shown a strong and clear case to deserve an interlocutory mandatory injunction.
Outcome
Dismissed
Authorities cited
Cases cited (2)
- Locabail International Finance Ltd. v. Agroexport & Others (The Sea Hawk), (1986) 1 All ER 901.
- Kenya Railways Corporation v. Thomas M. Nguti and 6 others, Civil Appeal No.210 of 2004.
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