ELIZABETH ADERA v FINA BANK LIMITED [2011] KEHC 788 (KLR)
- Court
- High Court of Kenya
- Case number
- 788
- Citation
- [2011] KEHC 788 (KLR)
- Decided
- 24 November 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPosturePlaintiff seeks temporary and mandatory injunctions against the defendant.CoramG.K. KIMONDO
Holding
The plaintiff's application for injunctions is dismissed.
Facts
The plaintiff bought a vehicle on hire purchase from the defendant for Kshs 3,600,000. The defendant issued repossession notices and advertised the vehicle for sale. The plaintiff sought to prevent the sale and recover the vehicle.
Issues
- Whether the plaintiff can prevent the sale of the vehicle.
- Whether the plaintiff can compel the defendant to return the vehicle.
Reasoning
The court finds that the plaintiff has not made out a prima facie case for the injunctions due to the possibility of compensating the plaintiff in damages and the lack of evidence of the defendant's inability to pay.
Outcome
The plaintiff's notice of motion is dismissed with costs.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Hire Purchase Act
Cases cited (1)
- Ooko v Barclays Bank of Kenya Limited (2002) 2 KLR 394
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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