Amin v ASL Credit Limited (Miscellaneous Civil Application E276 of 2021) [2021] KEHC 246 (KLR) (Commercial and Tax) (17 November 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 246
- Citation
- [2021] KEHC 246 (KLR)
- Decided
- 17 November 2021
The court dismissed the application for a temporary injunction pending appeal. The court granted leave to appeal out of time.
Facts
The applicant, Bhai Omar Al Amin, filed an application for a temporary injunction to restrain ASL Credit Limited from repossessing and selling certain motor vehicles. The lower court dismissed the application. The applicant now seeks leave to appeal out of time and a temporary injunction.
Issues
- Whether the applicant has established a prima facie case with a probability of success.
- Whether damages would be an adequate remedy.
- Whether granting an injunction would inflict greater hardship on the respondent.
Reasoning
The court found that the applicant did not establish a prima facie case with a probability of success and that damages would be an adequate remedy. The court also determined that granting an injunction would inflict greater hardship on the respondent.
Outcome
The application for a temporary injunction pending appeal was dismissed. Leave to appeal out of time was granted.
Orders
- Leave to appeal out of time granted.
- No order as to costs.
Authorities cited
Cases cited (1)
- Mrao Limited v First American Bank of Kenya and 2 Others [2003] eKLR
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