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JudgmentSHALLUN CONSTRUCTION LIMITED VS PETER G.WAWERU IDEAL AUCTIONEERS AND FEAST FOOD PROCESSORS LIMITED AND 1 Others1 min read

SHALLUN CONSTRUCTION LIMITED VS PETER G.WAWERU IDEAL AUCTIONEERS AND FEAST FOOD PROCESSORS LIMITED AND 1 Others

High Court at Mombasa High Court · · Gregory Mutai

1. I considered the application dated 12th May 2025. In my ruling, I ordered that the same be served for interpartes hearing on 27th May 2025. I was not persuaded that interim orders ought to issue. 

2. The Plaintiff/Applicant has filed an application dated 13th May 2025, praying that I review my previous ruling. In the new application a copy of the newspaper cutting has been annexed. The proposed sale was advertised in the 29th April 2025 edition of the Standard newspaper. The Plaintiff/Applicant approached the Court on 12th May 2025. No proper explanation has been given for the delay in filing the application. The Plaintiff/Applicant seeks an equitable remedy of an injunction. As the maxim goes, equity aids the vigilant, not the indolent. 

3. In the circumstances, I am unable to disturb my previous finding. The application for injunction will therefore be heard on 27th May 2025 as earlier scheduled. 

4. Costs will be in the cause. 

Details

Delivered
Court rank
High Court
Case type
Civil Suit

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