Michael Maina Kihiko Gichungu v Kenya Commercial Bank Ltd [2002] KEHC 745 (KLR)
- Court
- High Court of Kenya
- Case number
- 745
- Citation
- [2002] KEHC 745 (KLR)
- Decided
- 19 December 2002
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary InjunctionCoramJ.W. ONYANGO OTIENO
Holding
Application succeeds; temporary injunction granted
Facts
Plaintiff sought a temporary injunction to restrain Defendant from selling Plaintiff's properties by public auction, alleging unlawful instructions, improper statutory notice, and excessive interest charges. Defendant opposed, stating Plaintiff's account was in arrears and proper notices were issued.
Issues
- Validity of statutory notice
- Proper execution of charge
- Validity of public auction
Reasoning
Statutory notice was not valid as it did not specify a three-month period for sale, rendering the Mortgagee's power of sale invalid. Plaintiff demonstrated a prima facie case with a probability of success.
Outcome
Application granted
Orders
- Temporary injunction restraining Defendant from selling Plaintiff's properties by public auction
Remedies
- Plaintiff's properties protected from public auction
Authorities cited
Legislation (2)
- Transfer of Property Act
- Registered Land Act
Cases cited (2)
- Russel's case
- Trust Bank Ltd. vs. George Ongaya Okoth
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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