EQUITY BANK LIMITED V STEPHEN K. KANGETHE T/A DALALI TRADERS & 2 OTHERS [2012] KEHC 820 (KLR)
- Court
- High Court of Kenya
- Case number
- 820
- Citation
- [2012] KEHC 820 (KLR)
- Decided
- 11 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureAppeal from an original trial outcomeCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court grants the interlocutory injunction, but with considerable doubts regarding the probative value of the evidence.
Facts
The 1st Defendant is in possession of a motor vehicle with registration number KAZ 400T, which was allegedly procured fraudulently. The 2nd and 3rd Defendants also claim to have possession of the vehicle.
Issues
- Whether the mandatory injunction should be granted
- The probative value of the evidence regarding the identity of the motor vehicle
Reasoning
The contradictory evidence regarding the identity of the motor vehicle makes it difficult to ensure the mandatory injunction is rightly granted. The court feels a high degree of assurance for a prohibitory injunction.
Outcome
Interlocutory injunction granted
Orders
- Motor vehicle Registration No. KAZ 400T to be produced in court by whoever is in possession pending the hearing
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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