[2001] KECA 29 (KLR)
The Court of Appeal found that the High Court extended a temporary injunction without any proper basis and without hearing the parties on the merits, which was procedurally improper. The learned trial Judge could not properly extend the temporary injunction in the absence of a hearing on the merits, and the original...
Source-derived case information.
- Citation
- [2001] KECA 29 (KLR)
- Parties
- Appellant: Topen Industries Ltd; Respondent: Afrolite Industries Ltd
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 338 of 2000
- Procedural Posture
- Civil Appeal / Appeal From High Court Order Extending Temporary Injunction
- Outcome
- appeal allowed with costs
- Judges
- JE Gicheru, E Owuor
- Legal Topics
- Injunctions, Appeals, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Topen Industries Ltd
Appellant
Afrolite Industries Ltd
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Order Extending Temporary Injunction
Legal Issues
- 1 Whether the High Court erred in extending a temporary injunction without hearing the parties on the merits.
- 2 Whether there was a proper basis for granting or extending the temporary injunction.
Ratio Decidendi
The Court of Appeal found that the High Court extended a temporary injunction without any proper basis and without hearing the parties on the merits, which was procedurally improper. The learned trial Judge could not properly extend the temporary injunction in the absence of a hearing on the merits, and the original order for a temporary injunction itself lacked a proper foundation. Consequently, the appeal was allowed and the improper extension of the injunction was set aside.
Court Disposition
appeal allowed with costs
Orders
- The appeal is allowed with costs.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL AT NAIROBI
CIVIL APPEAL NO. 338 OF 2000
TOPEN INDUSTRIES LTD ............................................................ APPELLANT
AND
AFROLITE INDUSTRIES LTD ................................................... RESPONDENT
(An appeal from the decision and the order of the High Court at Milimani(Justice P.J. Hewett) dated the 31st October 2000
in
Milimani Civil Case No. 619 of 2000)
**************************
ORDER OF THE COURT
Miss Wanjiru Nduati, for the appellant concedes this appeal, properly so in our view. The superior court despite objection from the appellant's counsel extended a temporary injunction without any proper basis for doing so. The suit was for declaratory and injunctive reliefs, and the learned trial Judge could not properly extend the temporary injunction without hearing the parties on the merits. Besides, the order for a temporary injunction which he extended had been granted without any proper basis.
In the circumstances we allow the appeal with costs.
Made at Nairobi this 15th day of October, 2001.
J.E. GICHERU
............................
JUDGE OF APPEAL
S.E.O. BOSIRE
..............................
JUDGE OF APPEAL
E. OWUOR
..................................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR