Roko (Kenya) Construction Limited v Rosslyn Suites Ltd & another (Miscellaneous Application E538 of 2021) [2022] KEHC 10606 (KLR) (Commercial and Tax) (13 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 10606
- Citation
- [2022] KEHC 10606 (KLR)
- Decided
- 13 May 2022
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication to grant injunctive reliefCoramMSHILA, Porter
The application is found to be incompetent and is hereby struck out.
Facts
The plaintiff, Roko (Kenya) Construction Limited, filed a Notice of Motion seeking an injunction against the defendant, Rosslyn Suites Ltd, and Guaranty Trust Bank (Kenya) Ltd, alleging that their actions threatened to obstruct or delay the execution of a decree.
Issues
- Whether an injunctive order should issue pending intended arbitration proceedings.
Reasoning
The court found the application premature as the arbitration proceedings have not been commenced and there is no suit before the court. The applicant failed to file any originating process in this matter.
Outcome
The application is struck out.
Orders
- The application is struck out.
- The applicant shall bear the costs of the application.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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