Associated Electrical & Hardware Supplies Limited & another v Bank of Baroda (Kenya) Limited & another (Civil Appeal E008 of 2021) [2023] KECA 647 (KLR) (9 June 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 647
- Citation
- [2023] KECA 647 (KLR)
- Decided
- 9 June 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
Typecivil appealPostureappeal from a high court rulingCoramP. NYAMWEYA, JW LESSIT, GV ODUNGA
Holding
the appeal is dismissed in its entirety with costs to the 1st Respondent
Facts
two companies, Associated Electrical & Hardware Supplies Limited and Jaribuni Quarry Limited, filed an application for an injunction against Bank of Baroda (Kenya) Limited and Peter N. Gichuki T/A Sportlight Intercepts to restrain them from dealing with certain properties pending the hearing of their suit.
Issues
- the legality and reasonableness of the sale notices
- the time requirement for forced sale valuation
- the power of the court to extend the period for compliance with a notice
Reasoning
the court found that the learned judge had the power to extend the period for compliance with a notice and that there was no time requirement for forced sale valuation, which should be addressed at full trial.
Outcome
dismissed
Authorities cited
Legislation (2)
- Land Act
- Auctioneers Act
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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