Surjit Singh Pandhal & another v Bank of Baroda Kenya Limited [2017] KEELC 3222 (KLR)
- Court
- Environment & Land Court
- Case number
- 3222
- Citation
- [2017] KEELC 3222 (KLR)
Summary at a glance
TypeInterlocutory InjunctionPostureApplication for Temporary Injunction DismissedCoramS.M. KIBUNJA
The plaintiffs' notice of motion is dismissed with costs, and the interim orders are vacated.
Facts
The plaintiffs, Surjit Singh Pandhal and Malkit Singh Pandhal, are joint proprietors of land parcel Kisumu Municipality/Block 7/173. They charged the property to secure financial facilities to Maruti Pharmaceuticals. The defendant, Bank of Baroda Kenya Limited, advertised for sale the land without serving the plaintiffs with the statutory notices.
Issues
- Whether the plaintiffs have made a prima facie case for a temporary injunction.
- What orders to issue.
- Who pays the costs.
Reasoning
The court found that the plaintiffs did not make a prima facie case for a temporary injunction due to the lack of evidence supporting the claim that the second plaintiff was not served with the statutory notices. The defendant's explanation for the transfer of funds was credible.
Outcome
Dismissal of the plaintiffs' notice of motion with costs and vacating of interim orders.
Orders
- Notice of motion dismissed with costs.
- Interim orders vacated.
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…