Rosalia Wangui & another v National Police Service Commission & 2 others [2020] KEHC 3232 (KLR)
- Court
- High Court of Kenya
- Case number
- 3232
- Citation
- [2020] KEHC 3232 (KLR)
- Decided
- 17 September 2020
The court granted the injunction, finding that the plaintiffs may suffer irreparable loss due to the detention of the motor vehicles and the perishable nature of the goods on board.
Facts
Rosalia Wangui and Elmax Petroleum Ltd filed a motion seeking an injunction to compel the National Police Service Commission and Kenya National Highways Authority to release two motor vehicle registration numbers (ZF 4777 and KBS 664K) pending the hearing and determination of the application. The plaintiffs claimed the goods on board the vehicles were perishable and the motor vehicles were used to settle a loan.
Issues
- Whether the plaintiffs are likely to suffer irreparable loss due to the detention of the motor vehicles
- Whether the defendants have a legitimate interest in the goods on board the vehicles
Reasoning
The court ruled in favor of the plaintiffs, stating that the goods on board the detained motor vehicles are highly perishable and the plaintiffs may face a myriad of suits by the owners of the goods.
Outcome
Granted the injunction
Orders
- Compelling the 1st, 2nd and 3rd respondents to release the motor vehicle registration number ZF 4777 and KBS 664K to the plaintiffs pending the hearing and determination of the application
- Preventing the plaintiffs from paying any costs to the respondents pending the hearing and determination of the application
- Restraining the respondents from harassing and interfering with the plaintiffs and their ordinary course of business
Remedies
- Injunction to release motor vehicle registration numbers ZF 4777 and KBS 664K to the plaintiffs pending the hearing and determination of the application
- Preventing the plaintiffs from paying any costs to the respondents pending the hearing and determination of the application
- Restraining the respondents from harassing and interfering with the plaintiffs and their ordinary course of business
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