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Raj Kumari Gandhi v Barclays Bank of Kenya & another [2005] KEHC 1461 (KLR)

[2005] KEHC 1461 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1461
Citation
[2005] KEHC 1461 (KLR)
Decided
2 August 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for injunction and postponement of auctionCoramL. NJAGI
Holding

The court grants the application for postponement of the auction.

Facts

The plaintiff seeks an injunction to prevent defendants from selling her property at auction, alleging unreasonable refusal to confirm account and clogging equity of redemption, and alleging irregularities in the auction process.

Issues

  1. Whether to grant an injunction to prevent defendants from selling the plaintiff's property at auction
  2. Whether to postpone the auction scheduled for 14th May, 2004

Reasoning

The court finds the defendants' actions unreasonable and the auction process irregular, thus postponing the auction to allow for further proceedings.

Outcome

Application granted

Orders

  • Postponement of the auction scheduled for 14th May, 2004

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Auctioneers Act
  • Auctioneers Rules, 1997
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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