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Samross Investments Ltd v Kenya Commercial Bank Ltd [2014] KEHC 2248 (KLR)

[2014] KEHC 2248 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2248
Citation
[2014] KEHC 2248 (KLR)
Decided
17 October 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePosturePreliminary Objection to Motion for Temporary InjunctionCoramE. K. O. OGOLA
Holding

The court dismisses the application and the preliminary objection.

Facts

The Plaintiff, Samross Investments Ltd, alleges that the Defendant, Kenya Commercial Bank Ltd, has improperly sold properties belonging to the Plaintiff. The Plaintiff seeks a temporary injunction to prevent the sale of the properties pending the determination of the suit.

Issues

  1. Res judicata
  2. Misconceived suit
  3. Non-disclosure of material facts
  4. Forum shopping

Reasoning

The court finds the application misconceived and res judicata, and that the Plaintiff has failed to disclose material facts.

Outcome

Appeal Outcome: The application is dismissed.

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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