Lucy Kina Erasmus Munyi t/a Kina Wear Stores v K-Rep Bank Limited [2014] KEHC 2332 (KLR)
- Court
- High Court of Kenya
- Case number
- 2332
- Citation
- [2014] KEHC 2332 (KLR)
- Decided
- 3 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from original trial outcomeCoramE.K.O OGOLA
Holding
The Plaintiff's application for an injunction is dismissed.
Facts
The Plaintiff charged her property title for an overdraft account in 2006. The Defendant claims to have disbursed Kshs. 25 million in arrears, while the Plaintiff claims to have received only Kshs. 5,720,000.
Issues
- How much loan was disbursed by the Defendant to the Plaintiff?
- Is the Plaintiff indebted to the Defendant?
- Did the Defendant follow the procedures laid down in exercising its statutory power of sale?
Reasoning
The Plaintiff failed to establish a prima facie case and damages would be an adequate remedy.
Outcome
Appeal dismissed
Orders
- Spent
- Spent
- Spent
- Spent
- Spent
Remedies
- Spent
- Spent
- Spent
- Spent
- Spent
Authorities cited
Legislation (2)
- Civil Procedure Act
- Banking Act
Cases cited (1)
- Giella –vs- Cassman Brown (1973) EA 358
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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