TWIN TRAVELS & TOURS LIMITED v NATIONAL INDUSTRIAL CREDIT BANK LTD AND GARAM INVESTMENTS [2007] KEHC 1892 (KLR)

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