Josphat Imbiaka Lumadede t/a Daysey Enterprises v Robert Waweru Maina t/a Antique Auctions Agencies & another [2020] KEELC 3258 (KLR)
- Court
- Environment & Land Court
- Case number
- 3258
- Citation
- [2020] KEELC 3258 (KLR)
- Decided
- 5 March 2020
The court finds that the Plaintiff has not established a prima facie case to warrant the orders sought and that the Plaintiff’s alleged injuries are speculative.
Facts
The Plaintiff, Josephat Imbika Lumadede, is the owner of land parcels NGONG/NGONG/23008 and 23009. The 2nd Defendant, Equity Bank Company Limited, has granted a loan to the Plaintiff for a construction development project. The Plaintiff claims the 2nd Defendant is levying excessive interest and other charges.
Issues
- Whether the interlocutory injunction sought by the Plaintiff is warranted.
- Whether the Plaintiff will suffer irreparable harm that cannot be compensated by damages.
Reasoning
The court notes that the Plaintiff has admitted his indebtedness and that the suit lands have been charged to the 2nd Defendant. The court finds that the Plaintiff’s injuries are speculative and that the equitable remedy of a temporary injunction is not warranted.
Outcome
The Plaintiff’s Notice of Motion application for an interlocutory injunction is dismissed.
Authorities cited
Legislation (2)
- Land Act
- Civil Procedure Act
Cases cited (4)
- Giella Vs. Cassman Brown & Co. Ltd
- LABELLE INTERNATIONAL LTD. AND ANOTHER – VS – FIDELITY COMMERCIAL BANK & ANOTHER
- Nguruman Ltd. Vs. Jan Bonde Nielsen
- Andrew M. Wanjohi – Vs- Equity Building Society & 2 other
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