David Kiptum Korir v Kenya Commercial Bank Ltd & another [2017] KEELC 2441 (KLR)
- Court
- Environment & Land Court
- Case number
- 2441
- Citation
- [2017] KEELC 2441 (KLR)
- Decided
- 28 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory injunctionPostureApplication for interlocutory injunction grantedCoramA. Ombwayo
Holding
The application is allowed. The injunction is granted.
Facts
David Kiptum Korir brought an application against Kenya Commercial Bank Ltd and Denis Kirui T/a Saddabri Auctioneers for an interlocutory injunction to restrain them from selling, advertising, transferring or dealing with the disputed land. The applicant claims he is the sole registered proprietor of the land and that the bank has not complied with the statutory notice for the sale of the land.
Issues
- Whether the applicant has a prima facie case with a likelihood of success
- Whether the balance of convenience tilts towards maintaining the status quo
- Whether the bank has breached the Banking Act by claiming more than required by law
Reasoning
The court finds that the applicant has established a prima facie case with a likelihood of success and that the balance of convenience tilts towards maintaining the status quo. The bank has breached the Banking Act by claiming more than required by law.
Outcome
Application granted
Orders
- Interlocutory injunction restraining the defendants from selling, advertising, transferring or dealing with the disputed land
Remedies
- Interlocutory injunction
Authorities cited
Legislation (1)
- Banking Act, Cap 488
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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