Peter Adams Ludava v Housing Finance Company of Kenya (Ltd) [2014] KEHC 1905 (KLR)
- Court
- High Court of Kenya
- Case number
- 1905
- Citation
- [2014] KEHC 1905 (KLR)
- Decided
- 6 November 2014
The interlocutory injunction granted in 2006 lapsed due to the provisions of Order 40 Rule 6 of the Civil Procedure Rules 2010, and the sale of the charged property was in breach of the injunction.
Facts
Plaintiff filed a suit seeking a permanent injunction, declaration, and release of title documents. The case was previously heard and an interlocutory injunction was granted. The Defendant advertised and sold the charged property, leading to a new application for an injunction.
Issues
- Interpretation of the Civil Procedure Rules 2010
- Effect of the interlocutory injunction granted in 2006
Reasoning
The court found that the one-year period for the injunction to subsist began from 17th December 2010, and the sale of the property was within that period. The service of the notification of sale before the one-year period expired was in breach of the injunction.
Outcome
The scheduled sale of the property was cancelled, and the case was adjourned for further hearing.
Orders
- Order to cancel the scheduled sale of the property
- Order to reinstate the status quo and set down for further hearing
Remedies
- Reinstatement of the status quo
- Further hearing of the suit
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Auctioneer's Rules 1997
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