Phoebe Wanja Boore & another v Kelvin N. Mwaura t/a Ken Track Auctioneers & another [2021] KECPT 535 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 535
- Citation
- [2021] KECPT 535 (KLR)
- Decided
- 7 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Co-operative TribunalCoramPHOEBE WAN, OTHNIEL KIN, Hon. F. Terer, Mr. P. Gichuki, Mr. B. Akusala
Holding
The Application is dismissed with costs to the Respondents.
Facts
The 1st Claimant guaranteed a loan for the 2nd Claimant and offered property LR.NO. Tetu/Kabage/550 as security. The 1st Respondent advertised the property for sale without issuing the 1st Claimant with the appropriate Notices.
Issues
- Whether the Claimants have established a proper basis to warrant the grant of an Order of temporary injunction.
- Who should meet the cost of the Application.
Reasoning
The Claimants were duly served with appropriate Notices and there being no dispute of default by the 1st Claimant, the Claimants have not established a prima facie case with a probability of success.
Outcome
Dismissed
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.
Loading judgment…