[2003] KEHC 639 (KLR)
The court found that the applicant had demonstrated sufficient urgency and a prima facie case to warrant the grant of interim injunctive relief. The orders were necessary to preserve the subject matter of the dispute and prevent prejudice to the applicant pending the hearing of the application inter partes. The...
Source-derived case information.
- Citation
- [2003] KEHC 639 (KLR)
- Parties
- Plaintiff: Akes Management Limited; Defendant: Kenya National Assurance (2001) Co. Ltd; Defendant: Gimco Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 45 of 2003
- Procedural Posture
- Civil Case / Interlocutory Application; Interim Orders Pending Inter Partes Hearing
- Outcome
- Interim injunctive orders granted and extended; respondent restrained for six months pending inter partes hearing.
- Judges
- RCN Kuloba
- Legal Topics
- Interim Injunctions, Chamber Summons, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Akes Management Limited
Plaintiff
Kenya National Assurance (2001) Co. Ltd
Defendant
Gimco Limited
Defendant
Procedural Posture
Civil Case / Interlocutory Application; Interim Orders Pending Inter Partes Hearing
Legal Issues
- 1 Whether the applicant is entitled to interim injunctive relief pending the hearing of the application inter partes.
- 2 Whether the respondent should be restrained from certain actions for a specified period.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient urgency and a prima facie case to warrant the grant of interim injunctive relief. The orders were necessary to preserve the subject matter of the dispute and prevent prejudice to the applicant pending the hearing of the application inter partes. The court exercised its discretion to extend the interim orders until the application could be heard with both parties present, emphasizing the need to maintain the status quo and ensure fairness in the proceedings.
Court Disposition
Interim injunctive orders granted and extended; respondent restrained for six months pending inter partes hearing.
Orders
- Prayers two and three of the application granted for fourteen days from 17.1.2003 pending inter partes hearing.
- Interim orders extended until the inter partes hearing of the application on a date to be fixed at the registry.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 45 OF 2003
AKES MANAGEMENT LIMITED……………………… PLAINTIFF VERSUS KENYA NATIONAL ASSURAQCE (2001) CO. LTD GIMCO LIMITED ………………………………….. DEFENDANTS
17. 1.2003
Coram: R. Kuloba, J.
Mr. Esmail for Applicant
Court Clerk Anne in attendance
Order:
Urgent; prayers two and three granted for fourteen days from to-day, pending an inter partes hearing date to be fixed at the registry.
R. KULOBA
JUDGE
17. 1.2003
20/01/2003
Mr. Wanga for Esmail and Esmail Advocate for the Applicant.
Chamber summons dated 16th January 2003 fixed for hearing on 28th January 2003
Notice to issue
Signed
Deputy Registrar
28. 1.03
Coram: Mbito, J.
Kagia court clerk
Mr. Esmail for Plaintiffs/Applicant
Nil for Defendant.Respondent
Mr. Esmail:
The hearing notice is served but would like to take advantage of the other side. I am for another dated subject to extension of the interim orders.
Order:
In view of the above, matter hereby stood over to a date to be fixed at the registry on priority basis. Orders on record hereby extended until the inter parties hearing of the application on a date to be fixed at the registry.
G. MBTIO
JUDGE
10/2/2003
Jotham for M/s Esmail & Esmail advocates. Stephen for M/s Christine Orao & Co. Advocates By consent Chamber summons dated 16-1-2003 fixed for hearing on 1st April 2003.
Signed
Deputy Registrar
1. 4.2003
Coram: R. Kuloba, J.
Mr. Esmail for Applicant
Miss Ontiti for Respondent
Court clerk Anne in attendance
Order:
Respondent be restrained for the next six months from to-day to await hearing the application inter partes.
R. KULOBA
JUDGE
1. 4.2003