EMO INVESTMENT LTD v STEPHANUS PETRUS KRUGER [2010] KEHC 533 (KLR)
- Court
- High Court of Kenya
- Case number
- 533
- Citation
- [2010] KEHC 533 (KLR)
- Decided
- 30 December 2010
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the High Court of Kenya at EldoretCoramP.M. MWILU
Holding
The Court ordered temporary injunctions to restrain the Defendant from disposing of the land parcels and referred the dispute to arbitration.
Facts
The Plaintiff filed a suit against the Defendant for breach of contract and for the sale agreement to be referred to arbitration. The Plaintiff claimed that the Defendant had breached the contract by sub-dividing the parcels of land and selling them to third parties.
Issues
- Whether the Defendant breached the contract
- Whether the sale agreement should be referred to arbitration
Reasoning
The Court found that the Defendant had breached the contract by sub-dividing the land and selling it to third parties, and thus ordered the temporary injunctions.
Outcome
Appeal dismissed
Orders
- Temporary injunctions to restrain the Defendant from disposing of the land parcels
- Referral of the dispute to arbitration
Remedies
- Temporary injunctions
- Arbitration
Authorities cited
Legislation (1)
- Civil Procedure 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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