NYALI CONSTRUCTION & ELECTRICAL SERVICE LIMITED v BARCLAYS BANK OF KENYA LTD [2009] KEHC 3218 (KLR)
- Court
- High Court of Kenya
- Case number
- 3218
- Citation
- [2009] KEHC 3218 (KLR)
- Decided
- 27 July 2009
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureApplication for Interlocutory InjunctionCoramF. AZANGALALA
Holding
The plaintiff has established a prima facie case and the application is allowed.
Facts
The plaintiff alleges that the property advertised for sale does not belong to them, and the advert states the property is in Mombasa/Block/28, while the plaintiff's property is Mombasa Block 1/28. The intended sale date is past.
Issues
- Misdescription of the property in the advertisement
- Irregularity of the sale if the plaintiff's property is sold
Reasoning
There is a clear error with the date and description of the property, and the plaintiff is entitled to a preliminary injunction to prevent the sale.
Outcome
The application is allowed.
Orders
- Restraint on the defendant from further processing the sale or dealing with the plaintiff's property on the basis of the advertisement
Remedies
- Interlocutory injunction
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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