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Civicon Limited v Kivuwatt Limited [2013] KEHC 2181 (KLR)

[2013] KEHC 2181 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2181
Citation
[2013] KEHC 2181 (KLR)
Decided
23 September 2013
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from a previous RulingCoramMARY KASANGO
Holding

The order extracted by the Defendant should be amended to read 'The Separator belongs to the Defendant.'

Facts

The Plaintiff sought an injunction pending appeal, but the Defendant extracted an order from a previous Ruling dismissing the Plaintiff's application.

Issues

  1. Whether the inclusion of the words 'The Plaintiff has no lien upon the Separator which belongs to the Defendant' in the extracted order is reflective of the Ruling.
  2. Whether the Plaintiff had a lien on the Separator machine.

Reasoning

The Court noted that the Defendant was claiming alien over the Separator machine, but did not determine whether the Plaintiff had a right to claim alien over it.

Outcome

The Plaintiff's application for an injunction pending appeal was dismissed.

Orders

  • Amendment of Order number one (1) of the extracted order to read 'The Separator belongs to the Defendant.'
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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