Fidelity Commercial Bank Ltd v Ijaz Hussein Ganijee & another [2009] KEHC 3378 (KLR)
- Court
- High Court of Kenya
- Case number
- 3378
- Citation
- [2009] KEHC 3378 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from a final orderCoramP.M. MWILU, J.W. LESIIT
Holding
The application is dismissed with costs.
Facts
The Plaintiff/Applicant sought an injunction to prevent the Defendant/Respondent from advertising or selling the suit properties by public auction, as these properties form part of the consolidated suits.
Issues
- Whether the Land Control Board consent for the charges was obtained
- Whether the Plaintiffs/Applicants have a probability of success and would suffer irreparable harm if an injunction is not granted
Reasoning
The court found that the Plaintiffs/Applicants failed to make out a prima facie case with a probability of success at trial and did not show they would suffer irreparable loss if the injunction is not granted.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- 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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