Samchi Telecommunications Ltd v SBM Bank Limited [2021] KEHC 13128 (KLR)
- Court
- High Court of Kenya
- Case number
- 13128
- Citation
- [2021] KEHC 13128 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureNotice of Motion for Interlocutory InjunctionCoramH. I. ONG’UDI
Holding
The court finds that the plaintiff/applicant has not established a prima facie case for a temporary injunction.
Facts
The plaintiff/applicant, Samchi Telecommunications Ltd, alleges that the defendant/ respondent, SBM Bank Limited, has erroneously listed them on various credit reference bureaus, damaging their reputation and good standing.
Issues
- Whether the plaintiff/applicant has established a prima facie case for a temporary injunction.
- Who should pay costs.
Reasoning
The court found that the defendant/ respondent's actions were not in bad faith and that the plaintiff/applicant has not provided sufficient evidence to show irreparable injury.
Outcome
The application for a temporary injunction is dismissed.
Authorities cited
Cases cited (4)
- Giella vs. Cassman Brown & Company Limited (1973) E A 358
- Thomas Edison Ltd v Bathock 1912 15 C.L.R 679
- Moses C. Muhia Njoroge & 2 others v Jane W. Lesaloi & 5 others [2014] eKLR
- Francis Atwoli & 5 others v Hon. Kazungu Kambi & 3 others Nairobi High Court Civil Suit No. 60 of 2015
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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