[2000] KECA 48 (KLR)
The court found that the applicant failed to demonstrate sufficient urgency or irreparable harm that would justify the grant of a mandatory injunction or the certification of the matter as urgent. The dispute concerns money, and a short delay in its release would not fundamentally affect the applicant's members. The...
Source-derived case information.
- Citation
- [2000] KECA 48 (KLR)
- Parties
- Applicant: Tetu Coffee Growers Co-operative Society; Respondent: Co-operative Bank of Kenya; Respondent: Coffee Board of Kenya
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 14 of 2000
- Procedural Posture
- Injunction Application / Application for Injunction Pending Intended Appeal
- Outcome
- Application for urgency declined; matter to be heard in the normal manner.
- Legal Topics
- Interlocutory Injunctions, Mandatory Injunctions, Banking Disputes, Contractual Relationships
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Tetu Coffee Growers Co-operative Society
Applicant
Co-operative Bank of Kenya
Respondent
Coffee Board of Kenya
Respondent
Procedural Posture
Injunction Application / Application for Injunction Pending Intended Appeal
Legal Issues
- 1 Whether the applicant is entitled to a mandatory injunction compelling the first respondent to release monies received from the second respondent.
- 2 Whether the second respondent should be restrained from releasing any monies to the first respondent pending the determination of the application.
- 3 Whether the urgency of the matter justifies certification for urgent hearing.
Ratio Decidendi
The court found that the applicant failed to demonstrate sufficient urgency or irreparable harm that would justify the grant of a mandatory injunction or the certification of the matter as urgent. The dispute concerns money, and a short delay in its release would not fundamentally affect the applicant's members. The court was not persuaded that the intended appeal would be rendered nugatory by the delay. Consequently, the application for urgency was declined, and the matter was ordered to be heard in the normal course.
Court Disposition
Application for urgency declined; matter to be heard in the normal manner.
Orders
- The application for certification as urgent is declined.
- The matter shall be heard in the normal manner.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA PEAL AT NAIROBI Civil Appli 14 of 2000
TETU COFFEE GROWERS CO-OPERATIVE SOCIETY .................................................. APPLICANT
AND
CO-OPERATIVE BANK OF KENYA ........................................................................ IST RESPONDENT
COFFEE BOARD OF KENYA ................................................................................ 2ND RESPONDENT
(An application for an injunction pending the lodging and hearing of an intended appeal
from the ruling of the High Court of Kenya at Nairobi (Justice Onyango Otieno) dated
21st January 2000
in
H.C.C.C. No.1952 of 1999)
***************
R U L I N G
The applicant Co-operative Society has moved this court for an injunction of a mandatory nature to compel the first respondent to release all monies it may have received from the second respondent for coffee delivered to it. It also prays that the second respondent be restrained by injunction from releasing any monies belonging to it to the first respondent until the final determination of the application or until further orders of the court. Their case is that they need the money they are claiming to enable them manage their farms and to provide for the families comprised in the applicant society. I am told that the relationship between the parties is governed by various contracts. However, I am unable to appreciate the urgency of this matter. Miss Kwamboka for the applicant says that delay in releasing the disputed money to her clients will render their intended appeal nugatory. As the dispute involves money a short delay will not fundamentally affect the applicant's members and for that reason I decline to certify the matter as urgent and order that it be heard in the normal manner.
Dated at Nairobi and delivered this 15th day of February, 2000.
S.E.O. BOSIRE
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR