Defence Advisory Group (Kenya) & another v Defence Advisory Group (Denmark) & another [2013] KEHC 2245 (KLR)
- Court
- High Court of Kenya
- Case number
- 2245
- Citation
- [2013] KEHC 2245 (KLR)
- Decided
- 25 September 2013
The Court upheld the dismissal of the application for an interlocutory injunction, finding that the conditions for granting an injunction were not met.
Facts
The 2nd Respondent (KWS) terminated a contract with the 1st Respondent (DAG Kenya) due to disputes over the contract and representation issues. The 2nd Applicant (DAG Denmark) wrote letters to KWS and the 1st Respondent, urging for an extension of the contract and a clarification of the terms of reference.
Issues
- Whether the termination of the contract by KWS was justified due to disputes over the contract and representation issues.
- Whether the 1st Respondent's termination of the contract was fraudulent misrepresentation or non-performance.
Reasoning
The Court held that the conditions for granting an interlocutory injunction were not satisfied, as the applicant did not show a prima facie case with a probability of success, nor did they demonstrate irreparable injury that would not be adequately compensated by an award for damages.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Mrao Ltd v First American Bank of Kenya Ltd
- Nyanza Fish Processors Ltd v Barclays Bank of Kenya Ltd
- Farmers Partner Ltd & 2 Others v Barclays Bank of Kenya Ltd
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