Kisimani Holdings Limited & another v Fidelity Bank Limited [2013] KEHC 1608 (KLR)
- Court
- High Court of Kenya
- Case number
- 1608
- Citation
- [2013] KEHC 1608 (KLR)
- Decided
- 31 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureAppeal from a lower court decisionCoramJ. B. HAVELOCK, Ochieng
Holding
The Court finds in favor of the 1st Plaintiff and grants interlocutory prohibitory and mandatory injunctions.
Facts
The 1st Plaintiff filed a Notice of Motion seeking an interlocutory prohibitory and mandatory injunction against the Defendant Bank due to statutory notices demanding repayment of loans allegedly advanced to the 2nd Plaintiff.
Issues
- Validity of statutory notices
- Enforcement of statutory notices
- Interference with suit property
- Liability of 1st Plaintiff as guarantor
Reasoning
The Court finds the statutory notices to be ex-facie defective, illegal, and null and void. The Court also finds the suit to be competent and with a high probability of success.
Outcome
In favor of the 1st Plaintiff
Orders
- Interlocutory prohibitory injunction
- Interlocutory mandatory injunction
Remedies
- Restraint from dealing with suit property
- Compel Defendant to issue updated statements of accounts
Authorities cited
Legislation (3)
- Land Act (2012)
- Civil Procedure Act
- Order 40 Rules 2, 3 and 4
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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