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Topen Industries Limited v. Afrolite Industries Limited

(2000) JELR 94726 (CA)

Court of Appeal  •  Civil Application 334 of 2000  •  7 Dec 2000  •  Kenya

Coram
Amrittal Bhagwanji Shah, Emmanuel Okello O'Kubasu, Richard Otieno Kwach

Judgement

RULING OF THE COURT

This is an application under rule 5 (2)(b) of the Court of Appeal Rules for stay of the order of Hewett J made on 31st October, 2000 whereby the learned Judge imposed a temporary injunction as a condition for granting an adjournment to the applicant whose lead counsel could not attend court on account of illness.

At that stage the learned Judge was not dealing with an application for injunction. The matter was before him for hearing of the suit on the merits. What makes it grossly unjust is that far-reaching orders namely grant of an interim injunction pending the hearing and determination of the suit, were made without reference to merits or demerits of any sort.

Even more unjust is the issue regarding extension of the irregularly granted injunction on 31st October, 2000 when the hearing of the suit was adjourned as the respondent's adiddv ocnaotte scomply with the order for discovery and inspection until 30th October, 2000 well beyond the date fixed by the Court. Th…

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