Lafey Construction Co. Limited v Prism Investments Limited [2016] KEHC 481 (KLR)
- Court
- High Court of Kenya
- Case number
- 481
- Citation
- [2016] KEHC 481 (KLR)
- Decided
- 18 August 2016
Summary at a glance
TypeCivilPostureNotice of Motion ApplicationCoramG.L. NZIOKA
The Application is dismissed.
Facts
The Plaintiff, Lafey Construction Co. Limited, seeks orders requiring the Defendant, Prism Investments Limited, to file and confirm holding of two 4-bedroomed houses/units on L.R. No. 7149/139 in trust for the Plaintiff, or to deposit Kshs.27,000,000 if the Defendant has sold or disposed of the units.
Issues
- Certification of urgency and ex parte hearing
- Interim injunction against selling or transferring the units
- Deposit of Kshs.27,000,000 if units are sold or disposed of
Reasoning
The Court found the Plaintiff's application to be abusive and an attempt to coerce the Defendant. The Court also noted the Defendant's solvent status and the ascertainable value of the units.
Outcome
Application dismissed
Orders
- Interim injunction against selling or transferring the units
- Deposit of Kshs.27,000,000 if units are sold or disposed of
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