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Bethlehem Engineering & Construction Co. Limited (In Receivership) v Mara Mining Company Limited [2016] KEHC 127 (KLR)

[2016] KEHC 127 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
127
Citation
[2016] KEHC 127 (KLR)
Decided
21 November 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcome
Holding

The court certified the application as urgent and ordered the issuance of mandatory and interlocutory injunctions.

Facts

The Plaintiff, Bethlehem Engineering & Construction Co. Limited (in receivership), filed an urgent application against the Defendant, Mara Mining Company Limited, seeking various orders including an injunction.

Issues

  1. Urgency of the application
  2. Issuance of mandatory and interlocutory injunctions
  3. Accounting and payment of principal monies and interest

Reasoning

The court found the application urgent and granted the injunctions to protect the Plaintiff's property and ensure payment of debts.

Outcome

The court granted the application.

Orders

  • Certification of the application as urgent
  • Issuance of mandatory injunction
  • Issuance of interlocutory injunction
  • Order for account taking and payment

Remedies

  • Mandatory injunction for payment of principal monies and interest
  • Interlocutory injunction to prevent sale or alteration of property
  • Order for account taking

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • 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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