LOUIS ROGER OUANDJI V BANK OF INDIA & ANOTHER [2009] KECA 240 (KLR)
- Court
- Court of Appeal
- Case number
- 240
- Citation
- [2009] KECA 240 (KLR)
- Decided
- 10 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramJUDGE OF APPEAL, Kimaru, J.W. ONYANGO OTIENO, D.K.S. AGANYANYA
Holding
The court granted the injunction restraining the Bank of India and its officers or agents from transferring or disposing of the mortgaged property pending the hearing and determination of the intended appeal.
Facts
The applicant, Louis Roger Ouandji, received a loan from Bank of India to develop two apartment blocks on land LR. No. 330/417 in Nairobi. The applicant executed a mortgage over the property to secure the loan. The bank advanced a total of Kshs.50,912,302.80 to the applicant, who failed to make capital contributions to the project.
Issues
- Whether the intended appeal is arguable.
- Whether the success of the intended appeal will be rendered nugatory if the injunction is not granted.
Reasoning
The court found that the intended appeal is arguable and that the success of the appeal would be rendered nugatory if the injunction was not granted.
Outcome
Granted
Orders
- An injunction restraining the Bank of India and its officers or agents from transferring or disposing of the mortgaged property pending the hearing and determination of the intended appeal.
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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