Lemmy Kaburi Mbogori v Kenya Commercial Bank Limited [2014] KEHC 3583 (KLR)
- Court
- High Court of Kenya
- Case number
- 3583
- Citation
- [2014] KEHC 3583 (KLR)
- Decided
- 31 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureAppeal from an original trial outcomeCoramMARY KASANGO
Holding
The court grants an injunction to restrain the defendant from selling the property based on the statutory notices so far issued.
Facts
The plaintiff obtained a financial facility from the defendant and charged his property as security. The defendant proceeded to serve the plaintiff with a notice of sale, which the plaintiff sought to stop due to lack of statutory notice.
Issues
- Whether the defendant served the plaintiff with the statutory notice required by law.
- Whether the statutory notices issued by the defendant were adequate.
Reasoning
The court found that the statutory notices issued by the defendant were inadequate and did not meet the legal requirements of Sections 90 and 96 of the Land Act.
Outcome
The court grants an interlocutory injunction.
Orders
- An injunction is hereby granted restraining the Defendant from selling by public auction Plot L. R. No. MOMBASA/BLOCK XII/73 if such sale shall be based on the Statutory Notices so far issued.
- Plaintiff is awarded cost of Notice of Motion dated 10th April 2013.
Remedies
- Interlocutory injunction
Authorities cited
Legislation (2)
- Land Act 2012
- Evidence Act Cap 80
Cases cited (1)
- NATIONAL BANK OF KENYA LIMITED –Vs- SHIMMERS PLAZA LIMITED (2009)eKLR
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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