Kifaru Place Limited v Nairobi City Water & Sewerage Company Limited (Complaint 3 of 2023) [2024] WAT 1200 (KLR) (15 March 2024) (Ruling)
- Court
- WAT
- Case number
- 1200
- Citation
- [2024] WAT 1200 (KLR)
- Decided
- 15 March 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWater DisputePostureAppeal from a previous decisionCoramHON B.M OCHOI
Holding
The application for injunction is dismissed as the applicant failed to establish a prima facie case with a likelihood of success.
Facts
Kifaru Place Limited alleged that Nairobi City Water & Sewerage Company Limited made unlawful demands through bills, which were later found to be due to illegal water connections. The applicant sought an injunction to prevent the disconnection of water supply and declared the bills irregular.
Issues
- whether the applicant's application met the criteria for grant of orders sought
- who should bear the costs of the application
Reasoning
The court applied the principles of granting an interlocutory injunction, finding that the applicant did not meet the requirements of establishing a prima facie case, irreparable injury, and the balance of convenience.
Outcome
The application is dismissed.
Orders
- The applicant is ordered to pay the respondent's costs of the application.
Remedies
- The applicant's application for an injunction is dismissed.
Authorities cited
Legislation (3)
- Water Act 2016
- Civil Procedure Rules 2010
- Civil Procedure Act
Cases cited (3)
- Giella Versus Cassman Brown (1973) EA 358
- Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR
- National Bank of Kenya & 2 Others vs Sam-con Ltd [2003] 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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