Donal International Trading Limited & another v Imperial Bank Limited & another [2013] KEHC 2101 (KLR)
- Court
- High Court of Kenya
- Case number
- 2101
- Citation
- [2013] KEHC 2101 (KLR)
- Decided
- 4 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureInterlocutory application grantedCoramMARY KASANGO
Holding
The 1st and 2nd Defendants are ordered to release motor vehicles Reg. Nos. KAZ 368Z, KBA 762Y and KBP 290S to the Plaintiffs.
Facts
The 1st and 2nd Plaintiffs hold bank accounts with the 1st Defendant. The 1st Defendant attached motor vehicles to the 2nd Plaintiff's possession in April 2013.
Issues
- Exorbitant interest rates on loan facility
- Wrongful attachment of motor vehicles
- Legal justification for attachment
Reasoning
The 1st Defendant did not have a legal justification for the attachment of the motor vehicles, and the Plaintiffs' application for a mandatory injunction was granted.
Outcome
Interlocutory application granted
Orders
- The 1st and 2nd Defendants are hereby ordered to henceforth release motor vehicles Reg. Nos. KAZ 368Z, KBA 762Y and KBP 290S to the Plaintiffs.
- The Plaintiffs are granted the costs of the Notice of Motion that shall be paid by the 1st Defendant.
Remedies
- Unconditional release of motor vehicles
Authorities cited
Cases cited (1)
- KENYA BREWERIES LTD & ANO. -VS- WASHINGTON OKEYO CIVIL APPEAL NO. 332 OF 2000
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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