[2001] KEHC 31 (KLR)
The court found that the plaintiff had established a prima facie case and that there were several triable issues in the suit. The balance of convenience was held to favour restraining the sale of the suit property until the hearing and final determination of the suit or unless a reserve price is set as demanded by...
Source-derived case information.
- Citation
- [2001] KEHC 31 (KLR)
- Parties
- Plaintiff: Agriculture Syndicate Limited; Defendant: Paramount Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 586 of 2001
- Procedural Posture
- Civil Case / Interlocutory Application for Injunction
- Outcome
- Plaintiff's chamber summons granted in terms of prayer number two; defendant to pay costs.
- Judges
- JM Khamoni
- Legal Topics
- Interlocutory Injunctions, Prima Facie Case, Balance of Convenience, Sale of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Agriculture Syndicate Limited
Plaintiff
Paramount Bank Limited
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the plaintiff has established a prima facie case to warrant the grant of an interlocutory injunction.
- 2 Whether the balance of convenience favours restraining the sale of the suit property pending determination of the suit.
- 3 Whether the court should set a reserve price as demanded by the plaintiff in prayer two of the application.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case and that there were several triable issues in the suit. The balance of convenience was held to favour restraining the sale of the suit property until the hearing and final determination of the suit or unless a reserve price is set as demanded by the plaintiff. The court emphasized that it was not making a final determination on the substantive issues but was satisfied that the threshold for granting an interlocutory injunction had been met. Accordingly, the plaintiff's application was granted in terms of prayer two, and the defendant was ordered to pay the costs of the application.
Court Disposition
Plaintiff's chamber summons granted in terms of prayer number two; defendant to pay costs.
Orders
- Plaintiff's chamber summons dated 23rd April 2001 is granted in terms of prayer number two.
- The respondent/defendant shall pay the costs of the chamber summons.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
(NAIROBI LAW COURTS)
CIVIL CASE 586 OF 2001
AGRICULTURE SYNDICATE LIMITED ……….......................……….. PLAINTIFF
VERSUS
PARAMOUNT BANK LIMITED …………...................................…… DEFENDANT
RULING
Before me for a ruling is the Plaintiff’s Chamber summons dated 23rd April 2001. Since I have been addressed at length by counsel on each side and as a result a number of issues have been raised and discussed, I presume the parties are expecting a correspondingly long and detailed ruling on the issues raised. But being mindful of the fact that I was only hearing an application for an injunction and not, therefore, hearing the main suit and being of the view that it is not necessary in this interlocutory application for an injunction, and indeed it may be undesirable, to make a definite decision on the important issues which have been raised and are in dispute in this suit, I am not writing a long ruling.
Accordingly I find it sufficient to state that from what has been brought to my attention during the whole time I have been handling the Chamber summons dated 23rd April 2001, I have no doubt in my mind that there are a number of triable issues in this suit and not only do I have the feeling that the plaintiff has a prima facie case but also think that on the balance of convenience sale of the suit property should not take place until the hearing and final determination of this suit or unless a reserve price is set out in the terms demanded by the Applicant/plaintiff in its prayer two.
What the parties have brought to my attention are on record in the court case file here.
Accordingly the plaintiff’s chamber summons herein dated 23rd April 2001 be and is hereby granted in terms of prayer number two (2). The Respondent/Defendant to pay costs of the Chamber summons.
Dated this 27th day of November 2001.
J.M. KHAMONI
JUDGE