Ndungu v Serem (Civil Appeal 110 of 2019) [2022] KEHC 13599 (KLR) (12 October 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 13599
- Citation
- [2022] KEHC 13599 (KLR)
- Decided
- 12 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the decision of the trial courtCoramRN NYAKUNDI
Holding
The appeal is dismissed with costs.
Facts
The respondent applied for an injunction to restrain the appellant from disposing, interfering with the business of Topline Agrovet, pending the determination of the suit. The appellant sought to set aside the ruling.
Issues
- Whether the ruling should be set aside
- Whether the trial court erred in law and fact in granting the injunction
Reasoning
The court found that the respondent had demonstrated a genuine and strong case that she would suffer irreparable damage, tilting the balance of convenience towards preservation of the suit property. The annexed documents suggesting the sale of the suit property were found to have serious gaps and contradictions.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs
Authorities cited
Cases cited (2)
- Giella vs Cassman Brown & Co Limited (1973) EA 358
- Paul Gitonga Wanjau v Gathuthi Tea Factory Company Ltd &c 2 others [2016] eKLR
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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