Blue Waters Hotel Ltd & 2 others v Guaranty Trust Bank (Kenya) Limited [2020] KEHC 2383 (KLR)
- Court
- High Court of Kenya
- Case number
- 2383
- Citation
- [2020] KEHC 2383 (KLR)
- Decided
- 23 October 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercialPostureAppeal from a previous orderCoramCHERERE-, Makhandia, Musinga, Odunga, Warsame
Holding
The court grants the Plaintiffs/Applicants' application for an interim injunction and stays the proceedings pending the appeal.
Facts
The Plaintiffs/Applicants are seeking an interim injunction to prevent the Defendant/Respondent from selling or interfering with their properties, while the Plaintiffs/Applicants appeal a previous order dismissing their application for an injunction.
Issues
- Whether the court should stay its previous order dismissing the Plaintiffs/Applicants' application for an injunction.
- Whether the Plaintiffs/Applicants are likely to suffer substantial loss if the injunction is not granted.
Reasoning
The court considers the substantive law of access for the relief sought and the case of Western College Farts and Applied Sciences vs. Oranga & Others, concluding that the injunction sought by the Plaintiffs/Applicants was not merited and dismissing their application.
Outcome
The Plaintiffs/Applicants' application for an interim injunction is granted.
Orders
- Interim injunction restraining the Defendants, its agents and/or assigns from interfering with the ownership of the Plaintiffs' properties pending the appeal.
- Discharge and set aside of the interim mandatory injunction order issued on 29.06.2018.
- Disallowance of the Plaintiffs/Applicants' Notice of Motion dated 27.06.2018 and amended on 06.07.2018.
Remedies
- Interim injunction
- Discharge of interim mandatory injunction order
- Payment of costs
Authorities cited
Legislation (1)
- Order 42 (6) of the Civil Procedure Rules
Cases cited (1)
- Western College Farts and Applied Sciences vs. Oranga & Others [1976] KLR 63
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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