Stephen Kipkemoi Ngenoh t/a Listerc System Company Ltd v Ecobank (K) Limited & another [2018] KEHC 5222 (KLR)
- Court
- High Court of Kenya
- Case number
- 5222
- Citation
- [2018] KEHC 5222 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for extension of time to comply with conditional injunctionCoramCouldrey, Kariuki, Lakha, Mwera
Holding
The Court has discretion to extend time for compliance with conditional injunction orders, but such discretion must be exercised judicially and on fixed principles.
Facts
The Plaintiff/Applicant sought a permanent injunction to restrain Defendants from selling a matrimonial property used as security for a loan. The Plaintiff applied for an extension of time to comply with the conditional injunction order.
Issues
- Whether the Court has the discretion to extend time for compliance with conditional injunction orders
- Whether the Plaintiff has shown convincing and reasonable cause to extend the time
Reasoning
The Court applied Civil Procedure Act Section 95 and Civil Procedure Rules Order 50 Rule 6 to grant the extension, emphasizing the need for convincing and reasonable cause.
Outcome
The Court extended the time for the Plaintiff to comply with the conditional injunction order.
Orders
- Extension of time for the Plaintiff to comply with the conditional injunction order
Remedies
- Extension of time for the Plaintiff to comply with the conditional injunction order
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- M'maitsi vs. Lusweti & Another [2008] 1 KLR 501
- Rev. Peter Indalo & Another vs. Fanana Investments Civil Applications No. NAI. 119 of 1994
- Kimani vs. Kirimi & Another [2008] 1 KLR 515
- Mwakalu vs. Timamy & Another Nairobi HCEP No. 18 of 1993 [2008] 1 KLR 464
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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