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ARCHANGEL KIRONJO MWAURA V PARAMOUNT BANK LIMITED [2008] KEHC 3518 (KLR)

[2008] KEHC 3518 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3518
Citation
[2008] KEHC 3518 (KLR)
Decided
18 April 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a lower court decisionCoramLESIIT, J., LESIIT, Ringera
Holding

The application for temporary injunction is granted.

Facts

The Plaintiff seeks a temporary injunction to prevent the Defendant from selling certain properties by public auction and otherwise, claiming that the Defendant is attempting to sell properties where the Plaintiff was a surety, and that the charges against the remaining properties were registered fraudulently.

Issues

  1. Temporary injunction
  2. Sale of properties by public auction
  3. Fraudulent registration of charges
  4. Accounting for proceeds of sale

Reasoning

The court found that the Plaintiff was a surety for two properties and that the charges against the remaining properties were registered fraudulently.

Outcome

Granted

Orders

  • Temporary injunction to restrain the Defendant from selling the properties by public auction and otherwise until the hearing and determination of the application and the main suit.

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Land Control 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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