ELIZABETH WAMBUI NJUGUNA v HOUSING FINANCE CO. OF KENYA LIMITED [2006] KEHC 1869 (KLR)
- Court
- High Court of Kenya
- Case number
- 1869
- Citation
- [2006] KEHC 1869 (KLR)
- Decided
- 4 July 2006
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureChamber summons filed seeking injunction to stop sale of propertyCoramMARY KASANGO
Holding
The plaintiff's application fails to satisfy the first principle in GIELLA VS CASSMAN BROWN CO. LTD (Supra) that the plaintiff has not shown a prima facie case with a probability of success.
Facts
The plaintiff obtained a loan of Kshs 849,100 from the defendant to purchase a property. The defendant has scheduled to sell the property on July 7, 2006. The plaintiff filed a chamber summons seeking an injunction to stop the sale.
Issues
- Service of statutory notice
- Valuation of property
Reasoning
The court found that the plaintiff was served with the statutory notice and that the defendant's valuation of the property was not under valued. The plaintiff's application was dismissed.
Outcome
Chamber summons dated 2nd June 2006 is dismissed with costs to the defendant.
Orders
- Chamber summons dated 2nd June 2006 is dismissed with costs to the defendant.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Evidence Act
Cases cited (2)
- HCCC NO. 353 of 2002 (Milimani) CHRISTINE MARTHA WANJIRU MWANGI – V – NATIONAL BANK OF KENYA LTD
- GIELLA – VS – CASSMAN BROWN [1973] E.A. 358
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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