PAYLESS CAR HIRE AND TOURS LIMITED V IMPERIAL BANK LTD [2012] KEHC 5863 (KLR)
- Court
- High Court of Kenya
- Case number
- 5863
- Citation
- [2012] KEHC 5863 (KLR)
- Decided
- 27 September 2012
The court dismisses the Plaintiff's application and allows the Defendant's application, dismissing the Plaintiff's application for contempt and allowing the Defendant's application to set aside the injunction.
Facts
The Plaintiff sought a temporary injunction to prevent the Defendant and its agents from selling certain motor vehicles. The Defendant filed a motion to set aside the injunction.
Issues
- Validity of the injunction
- Compliance with the court's orders
Reasoning
The court finds that the injunction was not properly served and that neither party acted on the order. The court dismisses the Plaintiff's application for contempt and allows the Defendant's application to set aside the injunction.
Outcome
The court dismisses the Plaintiff's application and allows the Defendant's application to set aside the injunction.
Orders
- The Plaintiff's application for contempt is dismissed.
- The Defendant's application to set aside the injunction is allowed.
Remedies
- The injunction is set aside.
- The Plaintiff is ordered to file and serve an affidavit within 7 days.
- The Plaintiff is ordered to take steps to comply with the order within 45 days.
Loading judgment…