Sharan Pal Verma v Cooperative Bank Kenya Ltd (Miscellaneous Application No. 509 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that an interim order should be granted where a substantive application for temporary injunction is pending and there is a serious threat of execution before its hearing. The applicant demonstrated an imminent threat of the suit vehicles being impounded and removed to Kenya, which would render both the application for injunction and the main suit nugatory. An interim order is necessary to preserve the status quo until the substantive application is heard.
Outcome
Interim order granted restraining respondent from impounding suit vehicles pending hearing of substantive application for temporary injunction
Facts
The applicant is the plaintiff in Civil Suit No. 422 of 2020 concerning ownership of certain motor vehicles. The respondent claims ownership of the same vehicles. The respondent, with assistance from Interpol Police, was in the process of impounding the motor vehicles. A police letter dated 21 May 2024 from the Directorate of Interpol and International Relations directed the Regional Police Commander Busoga East Region to trace, impound and forward the suit vehicles to Interpol for onward management to Kenya. The applicant had filed MA No. 508 of 2024 to add the respondent as a defendant and a substantive application for temporary injunction which was pending hearing. The applicant sought an interim order to prevent impounding of the vehicles before the hearing of the temporary injunction application.
Issues
- Whether the applicant satisfied the conditions for the grant of an interim order restraining the respondent from impounding the suit vehicles pending determination of the substantive application for temporary injunction.
Orders
- Application granted.
- Interim order issued against the Respondent, its agents, servants or assignees restraining them from impounding the vehicles registration numbers KCW 472H, KCW 524H, KCU 3074, KCU 4554, KCU 3144, KCU 3214, KCU 3494 pending determination of the Applicant's substantive application for temporary injunction on 20th June 2024 at 11 am.
- Costs of this application will be in the cause.
Rules and key headnotes
Legislation cited (5)
Cases cited (3)
- Reynolds Construction Company (U) Ltd v Attorney General and 2 Others (Miscellaneous Application No. 99 of 2022)
- Hwang Sunga Industries Ltd v Tajdin Hussein and 2 Others (Supreme Court Civil Appeal No. 19 of 2008)
- Guiliano Gariggio v Claudio Casadio (Civil Application No. 03 of 2013)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.