Surekha Hasmukhlal v Irchand Shah & 2 others v Investment & Mortgages Bank Limited [2019] KECA 48 (KLR)
- Court
- Court of Appeal
- Case number
- 48
- Citation
- [2019] KECA 48 (KLR)
The applicants have not satisfied the court that the issue to be canvassed before the Supreme Court is one which transcends the circumstances of this particular case and has a significant bearing on public interest and is, therefore, a matter of general public importance.
Facts
The applicants filed a suit against the respondent, Investment & Mortgages Bank Limited, seeking a permanent injunction to restrain the respondent from disposing the suit property by public auction or otherwise interfering with its ownership and a declaration that the amount recoverable and for which the property stood as security was Kshs.20,000,000.00 and an order that the property be redeemed according to the true account.
Issues
- Whether the Court of Appeal’s decision in declining to grant injunction orders was correct.
- Whether the applicants had demonstrated irreparable loss.
Reasoning
The court determined that the matters in dispute concern clauses in the security documents signed by the parties and that the question of whether the bank can sell the chargor’s property before crystallization of the power of sale is a question that requires evidence and has not been canvassed before the High Court.
Outcome
The application for leave to appeal to the Supreme Court was dismissed.
Authorities cited
Cases cited (4)
- Malcolm Bell v. Attorney General
- Hermunus Philipus Styne v. Giovanni Gnecchi-Ruscone
- Nguruman Limited v. Jan Bonde Nielsen & 2 others
- Kenya Commercial Finance Co. Ltd v. Afraha Education Society
Loading judgment…