Thathy v Middle East Bank (K) Ltd & another [2002] KEHC 1159 (KLR)
- Court
- High Court of Kenya
- Case number
- 1159
- Citation
- [2002] KEHC 1159 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory Injunction DismissedCoramA.G RINGERA
Holding
The application for interlocutory injunction is dismissed with costs to the first defendant Bank.
Facts
The plaintiff seeks an interlocutory injunction to restrain Middle East Bank Kenya Ltd from selling his property due to alleged breaches of statutory notice, valuation, and notification requirements. The Bank denies these allegations.
Issues
- Statutory notice
- Valuation
- Notification
Reasoning
The court finds the plaintiff's conduct disentitles him to an injunction, as he is heavily indebted, has not repaid his mortgage debt, and does not show any intention to repay soon or at all. The balance of convenience tilts in favor of the Bank's interest in realizing its security.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Trust Bank Ltd v Pros Chemists Limited & another [Civil Appeal No.133 of 1999]
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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