ANDREW MATINDI NYAMU V K-REP BANK LIMITED [2009] KEHC 2185 (KLR)
- Court
- High Court of Kenya
- Case number
- 2185
- Citation
- [2009] KEHC 2185 (KLR)
- Decided
- 15 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of an application for a temporary injunctionCoramAzangalala
Holding
The court denied the plaintiff's application for a temporary injunction.
Facts
The plaintiff sought a temporary injunction to restrain the defendant from exercising its statutory power of sale over the suit property pending the hearing and determination of an appeal to the Court of Appeal.
Issues
- Exercising statutory power of sale
- Temporary injunction to restrain sale of property
Reasoning
The court found that the plaintiff's application was not urgent and that the defendant's statutory power of sale was not yet activated.
Outcome
Appeal dismissed with costs
Orders
- No temporary injunction granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Transfer of Property 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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