Winam Petroleum Products & another v Kenya Shell Limited [2005] KEHC 2381 (KLR)
- Court
- High Court of Kenya
- Case number
- 2381
- Citation
- [2005] KEHC 2381 (KLR)
- Decided
- 16 June 2005
The court dismisses the plaintiffs' application for an injunction and orders it to be dismissed with costs to the defendant.
Facts
The plaintiffs, Winam Petroleum Products and Zephania Juma Ajowi, are indebted to the defendant, Kenya Shell Limited. The defendant's advance was secured by a charge over the plaintiffs' property, which is the suit property. The plaintiffs claim that the suit property was not sold at the auction and that their right of redemption has been impeded.
Issues
- Whether the suit property was sold at the auction
- Whether the plaintiffs' right of redemption has been impeded
Reasoning
The plaintiffs failed to demonstrate a prima facie case with probability of success and did not suffer irreparable injury. The court found that the plaintiffs' claim that the suit property was not sold at the auction and that their right of redemption has been impeded is not valid.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs to the defendant
Authorities cited
Cases cited (1)
- HCCC NO. 943 of 2002 (Milimani)
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