Westend Hotel Limited v Bank of India Limited [2018] KEELC 1627 (KLR)

Summary at a glance

Facts

The plaintiff, Westend Hotel Limited, seeks an interim injunction against the defendant, Bank of India Limited, to prevent the sale of a property charged to the defendant. The plaintiff claims the defendant is selling the property without complying with the Land Act's mandatory provisions.

Issues

• Whether the defendant is selling the property in compliance with the Land Act's mandatory provisions.
• Whether the plaintiff has established a prima facie case with a probability of success.

Reasoning

The plaintiff failed to prove that the defendant is selling the property without complying with the Land Act's mandatory provisions.

Outcome

Application denied

Orders

• The defendant is not restrained from advertising for sale and selling the property.
• The plaintiff is ordered to pay the defendant's costs of the application.

Authorities cited