Kenya Literature Bureau v Jones Maithya Muindi t/a Umanyi Bookshop and Suppliers [2021] KEHC 8716 (KLR)
- Court
- High Court of Kenya
- Case number
- 8716
- Citation
- [2021] KEHC 8716 (KLR)
- Decided
- 9 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling granting a temporary injunctionCoramD. K. Kemei
Holding
The appeal is allowed. The learned magistrate's ruling and order are set aside. The Respondent's application is dismissed with costs. The Appellant is awarded costs of the appeal.
Facts
Respondent filed a suit seeking a declaration that the contract was frustrated and incapable of being performed, and other reliefs. Appellant admitted the existence of the contract but denied that payment was contingent on selling the books to public schools.
Issues
- Whether the contract was frustrated and incapable of being performed.
- Whether the Appellant/Defendant should be restrained from proclaiming or attaching for sale the Respondent/Plaintiff's property.
- Whether the Respondent's application for a temporary injunction was urgent and should be heard exparte.
Reasoning
The court found that the Respondent had not established a prima facie case and the irreparable damage that he would suffer. Damages were found to be an adequate remedy.
Outcome
Appeal allowed, temporary injunction order set aside
Orders
- Order dismissing the Respondent's application with costs
- Awarding costs of the appeal to the Appellant
Authorities cited
Cases cited (3)
- Director of Public Prosecutions v Justus Mwendwa Kathenge & 2 others [2016] eKLR
- Pius Kipchirchir Kogo v Frank Kimeli Tenai (2018) eKLR
- Nguruman case
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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