Ushaben Jashvantsinh Solanki & another v Bank of Baroda (Kenya) Limited [2016] KEELRC 239 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 239
- Citation
- [2016] KEELRC 239 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeTemporary InjunctionPostureApplication for Temporary Injunction DismissedCoramS.M. KIBUNJA
Holding
The Applicants' notice of motion is dismissed with costs.
Facts
The 1st and 2nd Applicants sought a temporary injunction to restrain the Bank of Baroda (Kenya) Limited from selling or disposing of their land, citing unpaid loan amounts and unrendered accounts. The Respondent opposed the application.
Issues
- Whether the Applicants have established a case with a probability of success for a temporary injunction.
- Who pays the costs.
Reasoning
The court found that the loan facility was in arrears, and the Applicants had offered the land as security for the loan. The court also noted that disputes over loan amounts do not prevent the Respondent from exercising their right of sale.
Outcome
Dismissed with costs
Authorities cited
Cases cited (3)
- Sammy Japheth Karuku -V- Equity Bank & Another Mombasa HCCC No.84 of 2013
- Kihara -V- Barclays Bank (K) Ltd (2001) 2 EA 420
- Maithya -V- Housing Finance of Kenya & Another [2003] IEA 133
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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