Nabayi Multi-Purpose Co v Agricultural Finance Co Ltd & 2 others [2005] KEHC 1429 (KLR)
- Court
- High Court of Kenya
- Case number
- 1429
- Citation
- [2005] KEHC 1429 (KLR)
- Decided
- 13 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to restrain defendants from entering, trespassing or occupying landCoramJ.K. SERGON
Holding
The application is dismissed with costs to the 1st defendant
Facts
Nabayi Multi-Purpose Co. claimed to have an agreement with Ronald Kilele to purchase land, but the 1st defendant (Agricultural Finance Co.) sold the land to the 3rd defendant (Ronald Kilele) on public auction. The 1st defendant claimed it had exercised its power of sale after the 2nd defendant (Ronald Kilele) failed to redeem the security.
Issues
- Whether the plaintiff has a prima facie case with a probability of success
- Whether the plaintiff would suffer irreparable loss
- Whether the 1st defendant would be able to refund the amount allegedly paid
Reasoning
The court found that the plaintiff did not establish a prima facie case with a probability of success and that the plaintiff was not vigilant enough to realize when and how the 1st defendant exercised its statutory power of sale.
Outcome
Application dismissed
Orders
- Chamber summons dated 7th June 2004 is ordered dismissed with costs to the 1st defendant
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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