Julius Kipkeny Kolil & another v Kenya Commercial Bank & 2 others [2013] KEHC 58 (KLR)
- Court
- High Court of Kenya
- Case number
- 58
- Citation
- [2013] KEHC 58 (KLR)
- Decided
- 28 March 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Temporary Injunction and DeclarationCoramJ. B. HAVELOCK
Holding
The Court declared the sale of the suit property irregular and granted a temporary injunction against the second Defendant.
Facts
The Plaintiffs secured a loan from Kenya Commercial Bank to purchase the suit property. The second Defendant purportedly sold the property at a public auction without the Plaintiffs' knowledge or consent.
Issues
- Irregularity of the sale of the suit property
- Validity of the temporary injunction application
Reasoning
The Court found the sale irregular due to lack of statutory notice and the Plaintiffs' timely loan repayments.
Outcome
Granted
Orders
- Temporary injunction against the second Defendant from evicting or interfering with the Plaintiffs' quiet possession of the suit property
Remedies
- Declaration of irregularity of the sale
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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