Robert Mwangi v Springboard Capital Limited [2017] KEELC 11 (KLR)
- Court
- Environment & Land Court
- Case number
- 11
- Citation
- [2017] KEELC 11 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramWILSON KARAN
Holding
The Plaintiff's application for injunctive orders was dismissed.
Facts
The Plaintiff Robert Mwangi was a guarantor to a loan facility of Kshs. 2 million advanced by the Defendant Springboard Capital Limited to TROPICAL RECLAIM LIMITED. The suit land was charged on 24th June, 2016 and advertised for sale by public auction on 11th July, 2017.
Issues
- whether statutory notices were issued to the Plaintiff before Defendant exercised its statutory power of sale.
- whether the Defendant is entitled to the injunctive orders sought.
Reasoning
The court found that statutory notices were not issued to the Plaintiff before the Defendant exercised its statutory power of sale.
Outcome
The Plaintiff's application was dismissed.
Orders
- The Plaintiff's application for injunctive orders was dismissed.
Authorities cited
Legislation (4)
- Section 90 (1) of the Civil Procedure Act
- Section 90 (3) of the Civil Procedure Act
- Order 51 Rule 1 of the Civil Procedure Rules 2010
- Order 40 Rule 1, 2, 3 and 4 of the Civil Procedure Rules 2010
Cases cited (1)
- Giella Vs. Cassman Brown & Co. Ltd (1973) EA 358
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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