Haul Mart Kenya Limited v Tata Africa Holdings (Kenya) Limited [2019] KEHC 6820 (KLR)
- Court
- High Court of Kenya
- Case number
- 6820
- Citation
- [2019] KEHC 6820 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramCHERERE-
Holding
The application for review is dismissed, and the notice of motion for settlement of the decretal sum is disallowed.
Facts
The plaintiff, Haul Mart Kenya Limited, sought an injunction against the defendant, Tata Africa Holdings (Kenya) Limited, to prevent repossession of 8 tractors and 2 cane loaders. The defendant counterclaimed for a sum of Kshs. 40,007,000.
Issues
- Whether the applicants have satisfied the threshold for grant of an order of review
- Whether the notice of motion dated 03.12.18 and 11.12.18 have merit
Reasoning
The court found that the applicants did not demonstrate a self-evident error or omission on the face of the record, and the consent orders were binding on the parties.
Outcome
The application for review is dismissed, and the notice of motion for settlement of the decretal sum is disallowed.
Orders
- The application for review is dismissed
- The notice of motion for settlement of the decretal sum is disallowed
Authorities cited
Cases cited (3)
- National Bank of Kenya Limited v Ndungu Njau [1997] eKLR
- J M Mwakio vs Kenya Commercial Bank Ltd, CA Nos 28 of 1982 and 69 of 1983
- Purcell v F C Trigell Ltd, [1970] 3 All ER 671
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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