Charles Mutisya Nyamai v Housing Finance Company of Kenya Ltd [2007] KEHC 2480 (KLR)
- Court
- High Court of Kenya
- Case number
- 2480
- Citation
- [2007] KEHC 2480 (KLR)
- Decided
- 26 June 2007
The court denied the plaintiff's application for an injunction.
Facts
The plaintiff, Charles Mutisya Nyamai, sought an injunction to restrain the defendant, Housing Finance Company of Kenya Ltd, from selling his property (L.R. No.NBI/Block 97/423) pending the hearing and determination of the suit. The plaintiff claimed the defendant had charged an unconscionable interest rate, making it difficult for him to redeem the security.
Issues
- Whether the plaintiff has a prima facie case with any chance of success at the trial.
- Whether the plaintiff would suffer irreparable loss if the injunction is not granted.
- Whether damages would be an adequate remedy for the plaintiff's alleged loss.
Reasoning
The court found that the plaintiff did not have a prima facie case with any chance of success at the trial. The plaintiff's conduct in paying a sum of Kshs.2 million subsequent to the filing of the application was not an expression of good faith. The court also noted that the value of the property was known, and the bank would be in a position to compensate the plaintiff for any eventual loss suffered.
Outcome
Denied
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