T.S.S. Investments Limited v Juja Coffee Exporters Limited & another [2018] KEHC 5866 (KLR)
- Court
- High Court of Kenya
- Case number
- 5866
- Citation
- [2018] KEHC 5866 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgment dismissing the plaintiff's suit with costs.CoramP.J. OTIENO
Holding
The court granted the injunction pending the appeal.
Facts
The plaintiff filed a Notice of Appeal and an application for an injunction pending the appeal.
Issues
- Whether to grant an injunction pending the appeal to prevent the defendant from advertising, selling, leasing, or interfering with the plaintiff's use of the property.
- Whether the appeal would be defeated if the injunction is not granted.
Reasoning
The court granted the injunction to prevent the defendant from selling the property before the appeal concludes, as the sale could be contrary to law and defeat the appeal's purpose.
Outcome
Appeal dismissed with costs.
Orders
- Costs of the application be costs in the appeal.
Remedies
- Temporary injunction pending the appeal to restrain the defendant from advertising, selling, leasing, or interfering with the plaintiff's use of the property.
Authorities cited
Cases cited (3)
- Mrao Ltd vs First American Bank of Kenya Ltd & 2 Others [2003] KLR 125
- Charter House Bank Ltd vs Central Bank of Kenya & Others [2007] eKLR
- Bilha Midea Buluku vs Everlyn Kayere [2016] eKLR
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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