Economy Network Limited & 2 others v Equity Bank & 2 others (Civil Application E007 of 2025) [2025] KECA 1051 (KLR) (13 June 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1051
- Citation
- [2025] KECA 1051 (KLR)
- Decided
- 13 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureAppeal from the High Court's Judgment and DecreeCoramLK KIMARU, R.E. Aburili
Holding
The application is allowed, and the interim injunction is granted pending the hearing and determination of the appeal.
Facts
The applicants applied for an overdraft facility and a further advance payment guarantee facility from the respondent bank, securing the application with the suit property. The applicants fell into arrears, and the bank sold the suit property by public auction without proper notice, leading to the applicants' appeal.
Issues
- Whether the sale of the suit property by public auction was fraudulent and violated the Land Act
- Whether the intended appeal is arguable and will be rendered nugatory if the orders are not granted
Reasoning
The court found the sale of the suit property by public auction to be fraudulent and in violation of the Land Act. The appeal is arguable and will be rendered nugatory if the orders are not granted.
Outcome
The application is allowed.
Orders
- Interim injunction pending the hearing and determination of the appeal
Remedies
- Interim injunction
Authorities cited
Legislation (2)
- Land Act
- Court of Appeal Rules
Cases cited (2)
- Dennis Mogambi Mang'are v Attorney General & 3 Others [2012] eKLR
- Stanley Kang'ethe Kinyanjui v Tony Ketter & 5 Others (supra)
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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