MARY WANJIKU NGATIA & another v K-REP BANK LTD [2013] KEHC 4754 (KLR)
- Court
- High Court of Kenya
- Case number
- 4754
- Citation
- [2013] KEHC 4754 (KLR)
- Decided
- 20 March 2013
The Court dismisses the Plaintiffs' Notice of Motion for an injunction, finding that the 1st Plaintiff has failed to establish a prima facie case with a probability of success.
Facts
The 1st Plaintiff applied for an injunction to restrain the Defendant from selling the suit property, which was secured by a legal charge over property registered in the name of the 2nd Plaintiff. The 1st Plaintiff defaulted in making repayments and the Defendant issued a statutory power of sale.
Issues
- Whether the 1st Plaintiff has a prima facie case with a probability of success for an interlocutory injunction.
- Whether the Defendant's statutory power of sale should be allowed given the 1st Plaintiff's default in making repayments.
Reasoning
The Court follows the principles of Giella v Cassman Brown, finding that the 1st Plaintiff has not shown a prima facie case with a probability of success for an interlocutory injunction.
Outcome
The Plaintiffs' Notice of Motion dated 17 September 2012 is dismissed with costs to the Defendant.
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