Resort Limited v Credit Bank Limited & another [2021] KEHC 1959 (KLR)
- Court
- High Court of Kenya
- Case number
- 1959
- Citation
- [2021] KEHC 1959 (KLR)
The court finds that the plaintiff is entitled to a permanent injunction against the defendants not to sell the security.
Facts
The plaintiff, Lolldaiaga Country Homes & Golf Resort Limited, seeks a permanent injunction against the defendants, Credit Bank Limited and Leakey Auctioneers, not to sell the security. The defendants argue that the suit should be struck out due to non-compliance with Order 4 Rule 1(4) of the Civil Procedure Rules.
Issues
- Whether the plaintiff is entitled to a permanent injunction against the defendants not to sell the security.
- Whether the intended sale ought to be declared null and void.
- Who bears the costs of the suit.
Reasoning
The court addresses the defendants' contention that the suit should be struck out due to non-compliance with Order 4 Rule 1(4) of the Civil Procedure Rules. It is held that the mere failure to file the resolution of the company together with the plaint does not invalidate the suit.
Outcome
The plaintiff is entitled to a permanent injunction against the defendants not to sell the security.
Orders
- A permanent injunction against the defendants not to sell the security
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Leo Investments Ltd vs Trident Insurance Company (2014) eKLR
- Republic vs Registrar General and Others (2005) eKLR
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