HARVEER INVESTMENTS COMPANY LTD V EQUITORIAL COMMERCIAL LTD & 3 OTHERS [2009] KECA 138 (KLR)
- Court
- Court of Appeal
- Case number
- 138
- Citation
- [2009] KECA 138 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramS.E.O. Bosire, P.N. Waki
Holding
The court allows the application for an injunction pending the hearing and determination of the applicant's intended appeal.
Facts
The applicant borrowed Kshs.20m. from the respondent bank, but no money was disbursed. The applicant executed a charge over the property, but the bank did not disburse the money. The applicant filed a suit against the bank alleging misrepresentation and coercion.
Issues
- Whether the applicant's intended appeal is arguable.
- Whether the applicant should be granted an injunction pending the appeal.
Reasoning
The court finds that the applicant's intended appeal is arguable and that the applicant should be granted an injunction pending the appeal.
Outcome
The court grants an injunction pending the hearing and determination of the applicant's intended appeal.
Orders
- An injunction is granted restraining the 1st respondent from exercising the power of sale over land parcel No. Nairobi/Block 91/344, pending the hearing and final determination of the applicant's intended appeal, or until further order of this Court or the superior court.
Remedies
- Injunction
Authorities cited
Legislation (1)
- Registered Land Act, Cap 300 Laws of Kenya
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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