Zeki Wanjala Wanyama t/a Zeki Motors Agencies v Nic Bank Kenya Limited & another [2018] KEELC 1146 (KLR)
- Court
- Environment & Land Court
- Case number
- 1146
- Citation
- [2018] KEELC 1146 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for injunction dismissedCoramA. K. KANIARU
Holding
The application is found unmeritorious and dismissed with costs
Facts
The applicant, Zeki Wanjala Wanyama, charged his property to the respondent, Nic Bank Kenya Limited, for a loan in 2013. The loan was meant for improving the applicant's hotel business, but the applicant defaulted in repayment. The respondent initiated the process of selling the charged property.
Issues
- Whether to grant an injunction restraining the respondent from proceeding with execution pending the hearing of the suit
- Whether the applicant has undertaken to pay damages
Reasoning
The court found that the applicant admitted owing money and had not demonstrated genuine commitment to make payment. The law does not favor the grant of temporary injunction in this matter.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act (cap 21)
- Order 40 rules 1 and 2
- Order 51 rule 1 of Civil Procedure Rules 2010
Cases cited (4)
- GATI Vs BARCLYAS BANK (K) LTD (2001) KLR 525
- HELGA Vs CHARLES MUMBA MWAGANDI [2008] eKLR
- MUREITH Vs CITY COUNCIL OF NAIROBI [1976 – 1985] EA 331
- KOMBE and Another Vs DIAMOND TRUST BANK LTD & Another; HCC No. 15 of 2010, MOMBASA
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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