Mesgo Limited v National Bank of Kenya Ltd [2018] KEELC 2731 (KLR)
- Court
- Environment & Land Court
- Case number
- 2731
- Citation
- [2018] KEELC 2731 (KLR)
- Decided
- 21 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramY. M. ANGIMA
Holding
The Plaintiff's application for injunction is dismissed with costs to the Defendant.
Facts
The Plaintiff, Mesgo Limited, sought an injunction to restrain the Defendant, National Bank of Kenya Ltd, from selling the suit property due to the Defendant's alleged undervaluation of the property.
Issues
- Whether the Plaintiff's application offends Rule 4 of the Civil Procedure Rules
- Whether Embu CMCC No. 228 of 2016 is still pending
- Whether the Plaintiff has made out a case for the grant of an order of interlocutory injunction
Reasoning
The court found that the Plaintiff failed to demonstrate a prima facie case with a probability of success, and thus did not meet the requirements for an injunction.
Outcome
Appeal dismissed
Orders
- The Plaintiff's application for injunction is dismissed with costs to the Defendant.
Authorities cited
Legislation (2)
- Civil Procedure Act (Cap 21)
- Land Act
Cases cited (3)
- Zum Zum Investment Ltd Vs Habib Bank Ltd (2014) eKLR
- Olkasasi Ltd Vs Equity Bank Ltd (2015) eKLR
- Giella Vs Cassman Brown & Co Ltd (supra)
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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