Central Kenya Ltd v Trust Bank Limited & 4 others [1996] KECA 197 (KLR)
- Court
- Court of Appeal
- Case number
- 197
- Citation
- [1996] KECA 197 (KLR)
- Decided
- 17 December 1996
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the dismissal of an interlocutory injunction applicationCoramR. O. KWACH, P. K. TUNOI, G. S. PALL
Holding
The appeal fails, and the interlocutory injunction application is dismissed with costs.
Facts
Central Kenya Ltd applied for an interlocutory injunction against Trust Bank Ltd, Trust Finance Ltd, Floriculture International Ltd, and First National Finance Ltd to prevent them from interfering with the suit property or alienating it. The suit property was encumbered with charges registered by Trust Bank and Trust Finance.
Issues
- Whether the charges registered by Trust Bank and Trust Finance were valid and enforceable.
- Whether the respondents' transfer of the suit property to Floriculture and subsequent charge over it were lawful and void.
- Whether the appellant had a case with a probability of success to challenge the charges and the respondents' actions.
Reasoning
The charges registered by Trust Bank and Trust Finance were conclusive evidence of their title as chargees, and the respondents' transfer of the suit property to Floriculture was lawful. The appellant did not produce prima facie evidence of fraud or conspiracy.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Registration of Titles Act
- Civil Procedure Act
Cases cited (1)
- Nathoo Visandjee v Govindji Popatlal (1960) E. A. 361
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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