George Town Travel & Tour Limited v SBM Bank (Kenya) Limited & 2 others (Civil Appeal E238 of 2022) [2022] KECA 1310 (KLR) (2 December 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 1310
- Citation
- [2022] KECA 1310 (KLR)
- Decided
- 2 December 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for injunction pending appealCoramHANNAH OKWENGU, H. A. OMONDI, J. MATIVO
Holding
The application for injunction is granted
Facts
The applicant is the registered owner of the suit property and obtained loan facilities and an overdraft from the respondent. The applicant defaulted in repayments, and the respondent intended to sell the property by auction.
Issues
- Whether an injunction should issue pending the appeal
- Whether the respondent has the right to sell the property
Reasoning
The court finds that the applicant has a valid claim for an injunction to prevent the sale of the property pending the appeal.
Outcome
Granted
Orders
- An order of temporary injunction issued restraining the respondent, its servants and or agents from selling, offering for sale, transferring, or from effecting any registration or completing any transfer of the suit property LR No 209/19939(IR No 131508)
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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