ANNE KARURA KIBATI v SAMUEL BEDE OGEMBO [2009] KEHC 670 (KLR)
- Court
- High Court of Kenya
- Case number
- 670
- Citation
- [2009] KEHC 670 (KLR)
- Decided
- 18 September 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Interim Injunction and Specific PerformanceCoramR. N. Nambuye
Holding
The court granted an interim injunction restraining the defendant from selling the property and ordered specific performance of the sale agreement.
Facts
The plaintiff and defendant entered into a sale agreement for a property. The plaintiff paid a deposit and requested completion documents, but the defendant failed to provide them, leading to the plaintiff's complaint.
Issues
- Whether the plaintiff is entitled to an interim injunction restraining the defendant from selling the property.
- Whether the plaintiff is entitled to specific performance of the sale agreement.
Reasoning
The court found that the plaintiff had a prima facie case and that the balance of convenience favored the plaintiff, thus granting the interim injunction and specific performance.
Outcome
The court granted the plaintiff's application for an interim injunction and specific performance.
Orders
- Interim injunction restraining the defendant from selling the property.
- Order of specific performance compelling the defendant to complete the sale agreement and transfer the property to the plaintiff.
Remedies
- Interim injunction
- Specific performance
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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