[2007] KEHC 1892 (KLR)
The court found that the applicant failed to prove legal ownership of the suit property, which is a prerequisite for seeking an injunction. Furthermore, the applicant did not satisfy the conditions for the grant of an interlocutory injunction as established in Giella v Cassman Brown & Co. Ltd. The court also held...
Source-derived case information.
- Citation
- [2007] KEHC 1892 (KLR)
- Parties
- Plaintiff: Twin Travels & Tours Limited; Defendant: National Industrial Credit Bank Ltd; Defendant: Garam Investments
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 465 of 2007
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Injunction
- Outcome
- application dismissed with costs to the respondents
- Judges
- JM Khamoni
- Legal Topics
- Interlocutory Injunctions, Ownership of Property, Adequacy of Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Twin Travels & Tours Limited
Plaintiff
National Industrial Credit Bank Ltd
Defendant
Garam Investments
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Injunction
Legal Issues
- 1 Whether the applicant is the legal owner of property Number 8784/35.
- 2 Whether the applicant has satisfied the conditions for the grant of an interlocutory injunction.
- 3 Whether damages would be an adequate remedy in the circumstances.
Ratio Decidendi
The court found that the applicant failed to prove legal ownership of the suit property, which is a prerequisite for seeking an injunction. Furthermore, the applicant did not satisfy the conditions for the grant of an interlocutory injunction as established in Giella v Cassman Brown & Co. Ltd. The court also held that the applicant's claim was one that could be adequately compensated by an award of damages, making the equitable remedy of injunction inappropriate in the circumstances. Consequently, the application for an injunction was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The Chamber Summons dated 10th September 2007 is dismissed with costs to the respondents.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
(MILIMANI COMMERCIALCOURTS)
Civil Case 465 of 2007
TWIN TRAVELS & TOURS LIMITED ....................................................… PLAINTIFF/APPLICANT
VERSUS
NATIONAL INDUSTRIALCREDIT BANK LTD …………...... 1ST DEFENDANT/RESPONDENT
GARAM INVESTMENTS ……................................................…. 2ND DEFENDANT/RESPONDENT
RULING
From what has been brought to my attention during the hearing of this Chamber Summons dated 10th September 2007, the same be and is hereby dismissed with costs to the to the Respondent for the following reasons and bearing in mind that during the inter partes hearing the Applicant/Plaintiff asked for prayer 4 only in the said Chamber Summons:-
Firstly, although the Applicant claims in prayer 4 that the suit property, Number 8784/35 is owned by the Applicant/Plaintiff, evidence so far available shows that that is not the legal position.
Secondly, the Applicant has not succeeded in showing that its case satisfies the conditions for grant of an injunction found in the case of Giella –vs- Cassman Brown & Co. Ltd.
Thirdly, and in any event, this is a claim which can be liquidated and be adequately compensated by the award of damages.
Dated this 22nd day of October 2007.
J. M. KHAMONI
JUDGE