Trevy James Oyomba & another v Oriental Commercial Bank Limited [2014] KEHC 651 (KLR)
- Court
- High Court of Kenya
- Case number
- 651
- Citation
- [2014] KEHC 651 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Temporary InjunctionCoramMegary
Holding
The Court will not make an ex parte order and directs the matter to be heard inter partes with specific directions.
Facts
The Plaintiffs allege that the Defendant's actions have led to a loss and/or damage to their business reputation and threats to sue. The Plaintiffs also claim immediate needs for living expenses.
Issues
- Quantum of living expenses not supported by independent evidence
- Unclear funds withdrawal and use
- Clean hands issue
Reasoning
The Court acknowledges the Plaintiffs' need for immediate funds but requires evidence of their living expenses and reasons for the withdrawal of funds.
Outcome
The matter is directed to be heard inter partes with specific directions.
Orders
- Plaintiffs to file a further affidavit setting out the quantum of living expenses within 14 days
- Defendant to file a replying affidavit
Remedies
- Temporary injunction restraining the Defendant from freezing funds
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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