Zadarack Oyaro Achoki & another v Consolidated Bank Of Kenya Limited [2013] KEHC 1904 (KLR)
- Court
- High Court of Kenya
- Case number
- 1904
- Citation
- [2013] KEHC 1904 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion for Temporary InjunctionCoramJ. B. HAVELOCK
Holding
The Court granted the Plaintiffs' request for a temporary injunction, but with a condition that the Plaintiffs pay Shs. 357,753 in arrears within 30 days.
Facts
The Plaintiffs, Zadarack Oyaro Achoki and Grace Kemunto Mokua, sought a temporary injunction against the Defendant, Consolidated Bank of Kenya Limited, to prevent the Defendant from advertising and selling their charged property, L.R. No. Ngong/Ngong/29983, scheduled for auction on 28th November 2012.
Issues
- Unlawful advertisement of the sale
- Unlawful auction
- Failure to serve notification of sale
- Failure to carry out recent valuation
- Failure to furnish comprehensive statement of accounts
Reasoning
The Court found that the Defendant had failed to serve the Plaintiffs with a 45-day sale notice and had not carried out a recent valuation of the property, violating the Land Act, 2012.
Outcome
The Plaintiffs' request for a temporary injunction was granted, but with a condition.
Orders
- Plaintiffs to pay Shs. 357,753 in arrears within 30 days
Remedies
- Temporary injunction
Authorities cited
Legislation (3)
- Civil Procedure Act
- Land Act, 2012
- Auctioneering 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.
Loading judgment…