Saku (suing as Personal Representative of the Estate of Onesmus Misoa Mukima-deceased) v Family Bank Limited & 2 others (Environment & Land Case E53 of 2021) [2022] KEELC 3363 (KLR) (18 May 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3363
- Citation
- [2022] KEELC 3363 (KLR)
- Decided
- 18 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from original trial outcomeCoramMN GICHERU
Holding
The court denied the application for an interim injunction, finding that the widow has not established a prima facie case with a probability of success.
Facts
The deceased, Onesmus Misoa Mukima, had loan facilities with Family Bank Limited and Phillips International Auctioneers. The deceased died in 2018, and the bank issued statutory notices of sale without informing the widow, Jacinta Mbithe Saku. The widow attempted to save the property but was unsuccessful.
Issues
- Whether the widow has a prima facie case for an interim injunction
- Whether the widow can adequately compensate for any loss incurred
Reasoning
The widow admitted to receiving a loan of close to Ksh. 20 million but did not produce any proof of payment. The court also noted that the requisite statutory notices were issued and served on the widow.
Outcome
Denied
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Act 2012
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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