Collogne Investments Limited v Bank of Africa Kenya Limited & 2 others [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Ouko, Asike-Makhandia, Sichale, JJ.A
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Collogne Investments Limited v Bank of Africa Kenya Limited & 2 others [2020] eKLR


1. Case Information:
- Name of the Case: Collogne Investments Limited v. Bank of Africa Kenya Limited & Others
- Case Number: Civil Application No. E243 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Ouko, Asike-Makhandia, Sichale, JJ.A
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving whether to grant an injunction pending the hearing and determination of an intended appeal from a decision made by the Commercial and Tax Division of the High Court of Kenya.

3. Facts of the Case:
The applicant in this case is Collogne Investments Limited, while the respondents include Bank of Africa Kenya Limited, Nakumatt Holdings Limited (under administration), and Igare Auctioneers. The background to the case involves a prior judgment delivered by Justice Mary Kasango on 18th June 2020 in HCCC No. E385 of 2019. Collogne Investments sought an injunction to prevent actions that could affect its interests until its appeal could be heard.

4. Procedural History:
The application for an injunction was filed under Rule 5(2)(b) of the Court’s Rules and was presented to the Court of Appeal on 24th August 2020. Following the hearing, the ruling was reserved for 23rd October 2020. However, on 12th October 2020, the applicant requested permission to withdraw the application, a request that was communicated to the respondents' legal representatives. The court allowed this informal application to withdraw the injunction request, marking it as withdrawn with costs to the respondents.

5. Analysis:
- Rules: The court considered Rule 5(2)(b) of its own rules, which allows an applicant to seek an injunction pending appeal. Additionally, Rule 52 permits an applicant to withdraw their application at any time with leave from the court.

- Case Law: While no specific case law was cited in the ruling, the court's decision relied on established procedural rules regarding the withdrawal of applications and the discretion afforded to the court in such matters.

- Application: The Court of Appeal applied the procedural rules to the facts of the case, noting that the applicant's request to withdraw was made formally and without objection from the respondents. The judges acknowledged the applicant's right to withdraw their application and granted the request, thereby concluding the matter without further consideration of the merits of the original injunction application.

6. Conclusion:
The Court of Appeal ruled to allow the withdrawal of the application for an injunction by Collogne Investments Limited, with costs awarded to the respondents. This decision underscores the procedural flexibility afforded to applicants in civil matters and highlights the court's adherence to established rules regarding the withdrawal of applications.

7. Dissent:
There were no dissenting opinions recorded in this case, as the decision to allow the withdrawal was unanimous among the judges.

8. Summary:
The case of Collogne Investments Limited v. Bank of Africa Kenya Limited & Others resulted in the Court of Appeal allowing the applicant to withdraw its application for an injunction without objection from the respondents, with costs awarded to the latter. This ruling illustrates the procedural rights of parties in civil litigation and reinforces the importance of adherence to court rules in the withdrawal of applications.

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