Bakari Mohammed Abdulrahman v Sadik Muchiku Imaana [2014] KEHC 8381 (KLR)
- Court
- High Court of Kenya
- Case number
- 8381
- Citation
- [2014] KEHC 8381 (KLR)
- Decided
- 13 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgment granting an injunctionCoramL. GACHERU
Holding
The court sets aside the previous injunction and grants the Defendant leave to defend the suit.
Facts
The Plaintiff sought an injunction to vacate two shops from the Defendant, who claimed he was a protected tenant and that the Plaintiff's suit was barred by res judicata.
Issues
- Whether the Defendant is a protected tenant under Cap 301 of the Laws of Kenya
- Whether the Plaintiff's suit is barred by res judicata
Reasoning
The court finds that the Defendant is not a protected tenant and that the Plaintiff's suit is not barred by res judicata.
Outcome
Appeal allowed, previous injunction set aside
Orders
- Previous injunction set aside
- Defendant granted leave to defend the suit
- Defendant to file and serve the Defence within 14 days from the date of the order
- Defendant to bear the costs of the application
Remedies
- Defendant granted leave to defend the suit
- Defendant to file and serve the Defence within 14 days from the date of the order
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.
Loading judgment…