John Omondi Oketch v Agricultural Finance Corporation [2017] KEELC 2668 (KLR)
- Court
- Environment & Land Court
- Case number
- 2668
- Citation
- [2017] KEELC 2668 (KLR)
- Decided
- 21 June 2017
The court found that the Defendant offered a Ksh.586,250/= loan facility, which the Plaintiff accepted, and the Plaintiff received only Ksh.360,000/=. The court did not find a prima facie case for the injunction.
Facts
The Plaintiff, John Omondi Oketch, filed a notice of motion seeking a temporary injunction against the Defendant, Agricultural Finance Corporation, to prevent them from selling or disposing of the Plaintiff's property.
Issues
- Whether the Plaintiff has established a prima facie case with a Probability of success tissue at this stage.
- Who pays the costs of the notice of motion.
Reasoning
The court considered the loan offer letter and the Plaintiff's acceptance, along with the Plaintiff's statements and supporting affidavit, which indicated that the Plaintiff received only Ksh.360,000/=. The court concluded that the Plaintiff did not establish a prima facie case.
Outcome
The Plaintiff's application for a temporary injunction was dismissed.
Orders
- The Plaintiff's application for a temporary injunction was dismissed.
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