Case Metadata |
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| Case Number: | civil appl no. nai. 81 of 97 |
|---|---|
| Parties: | FARMERS INDUSTRIES LIMITED vs KENYA COMMERCIAL FINANCE CO. LTD & P.G. WAWERU T/A IDEAL AUCTIONEERS |
| Date Delivered: | 28 Apr 1997 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nairobi |
| Case Action: | |
| Judge(s): | Gurbachan Singh Pall, Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire |
| Citation: | FARMERS INDUSTRIES LIMITED vs KENYA COMMERCIAL FINANCE CO. LTD & ANOTHER[1997]eKLR |
| History Advocates: | Neither party represented |
| History County: | Baringo |
| Case Outcome: | Allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
BETWEEN
AT NAIROBI
(CORAM: AKIWUMI, PALL, JJ.A. & BOSIRE, AG.J.A.)
CIVIL APPLICATION NO. NAI 81 OF 1997 (UR. 36/97)
FARMERS INDUSTRIES LIMITED ........................ APPLICANT
(An application for Injunction pending intended Appeal
RULING OF THE COURT
AND
1. KENYA COMMERCIAL FINANCE CO. LTD
2. P. G. WAWERU T/A IDEAL AUCTIONEERS ............ RESPONDENTS
from the Ruling of the High Court of Kenya at
Nairobi (Justice Mbito) dated 13th March, 1997
in
H.C.C.C. NO. 23 OF 1997)
**********
The application is for injunction on the grounds that there are arguable points to be canvassed at the appeal and that the appeal would be nugatory if the appeal succeeds. We see some merit in the first ground, but since the applicant did not in his plaint seek the equitable relief of specific performance, it would seem to us that it can not be said that the appeal if successful, would be nugatory, damages would be sufficient remedy in the particular circumstances of this matter.
The order that therefore commands itself to us, is to dismiss this application with costs. It is so ordered.
Dated and delivered at Nairobi this 28th day of April, 1997.
A. M. AKIWUMI
...............
JUDGE OF APPEAL
G. S. PALL
................
JUDGE OF APPEAL
S. E. O. BOSIRE
................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.
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