DILSHAD AMANULLA SUBEDAR v DIAMOND TRUST BANK LTD & another [2012] KEHC 594 (KLR)

Facts

The plaintiff, Dilshad Amanulla Subedar, is indebted to the defendant, Diamond Trust Bank Ltd, and has defaulted. A consent order was obtained in the court which provided for the plaintiff to settle the debt within 30 days and for the defendant to be restrained from offering the property for sale. The property was offered and sold on 2nd July, 2010.

Issues

1. Whether the plaintiff is entitled to an interlocutory injunction to prevent the defendants from advertising, organizing, performing or conducting a repeat auction or sale of the plaintiff's property.
2. Whether the plaintiff is entitled to a permanent injunction to prevent the defendants from advertising for sale or selling the property by public auction or private treaty until the plaintiff continues to honor her obligations under the terms and conditions of the loan agreement and the borrower continues to repay the instalments as provided under the loan agreement and its variations and extensions.

Reasoning

The plaintiff failed to pay the agreed debt and breached the consent order, thus not entitled to an interlocutory injunction.

Outcome

Dismissed

Authorities cited