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Kenya Commercial Bank Limited & Garam Investments Auctioneers v. Isha Mohamed Noor

(2019) JELR 100096 (CA)

Court of Appeal  •  Civil Appeal 22 of 2019  •  25 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appeal herein turns on the single issue of exercise of judicial discretion. In particular, whether the learned Judge (Olola, J.) properly exercised his discretion in granting an interim injunction in E.L.C No. 240 0f 2017 (herein after referred to as the suit). As such, the circumstances under which this Court can interfere with the exercise of such judicial discretion are settled and well put by the predecessor of this Court in the case of Mbogo and Another v. Shah [1968] EA 93. In short, before we can upset the discretion, we must be satisfied that the learned Judge misdirected himself in some matter and as a result arrived at a wrong decision; or that it was manifest from the case as a whole that the learned Judge was clearly wrong in the exercise of his discretion and injustice has arisen.

2. Did the learned Judge err in the exercise of his discretion? The answer lies with the facts which were placed before the Environment and Land Court (ELC). The dispu…

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