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MOVIES FOUR YOU LIMITED v INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION [2011] KEHC 1157 (KLR)

[2011] KEHC 1157 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1157
Citation
[2011] KEHC 1157 (KLR)
Decided
21 September 2011
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory ApplicationPostureApplication for Interim Injunction DismissedCoramGEORGE DULU
Holding

The application is dismissed as it has no facts on which the court can consider it on merits.

Facts

The plaintiff filed a fast track case on July 27, 2011, seeking an interim injunction against the defendant to prevent them from interfering with the plaintiff's leased premises.

Issues

  1. Jurisdiction of the court to hear the application
  2. Validity of the Notice of Motion

Reasoning

The court found the Notice of Motion to be incurably defective due to the unsworn affidavit and the lack of supporting facts.

Outcome

The application for interim injunction is dismissed.

Orders

  • The Notice of Motion is dismissed.
  • The costs of the application will be in the cause.

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Arbitration Act No. 4 of 1995
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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