ESTHER CHELIMO KAVEMBA v HOUSING FINANCE COMPANY (K) LTD eKLR [2008] KEHC 2176 (KLR)
- Court
- High Court of Kenya
- Case number
- 2176
- Citation
- [2008] KEHC 2176 (KLR)
- Decided
- 30 July 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Interlocutory Injunction DismissedCoramL. KIMARU
Holding
The application for interlocutory injunction is dismissed.
Facts
The plaintiff filed an application for an interlocutory injunction to restrain the defendant from selling her property pending the hearing of the suit. The plaintiff claimed she was not served with the requisite statutory notice and that the defendant had breached the underlying agreement.
Issues
- Statutory notice
- Sale of property
- Damages as remedy
Reasoning
The court found that the plaintiff's application lacks merit and that damages would be an adequate remedy for the defendant's actions.
Outcome
Application dismissed
Orders
- Defendant to have costs of the application
Authorities cited
Legislation (4)
- Civil Procedure Act
- Registered Land Act
- Banking Act
- Section 44A of the Banking Act
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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