Ngecha Proprietors Limited v Ecobank (K) Limited [2014] KEHC 8045 (KLR)
- Court
- High Court of Kenya
- Case number
- 8045
- Citation
- [2014] KEHC 8045 (KLR)
- Decided
- 10 June 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramL. GACHERU
Holding
The court finds it merited and allows the injunction application in terms of prayers No. 2 and 3. The Plaintiff is also entitled to costs of this application.
Facts
The Plaintiff, Ngecha Proprietors Limited, owed the Defendant, Ecobank (K) Limited, Kshs.1,600,000. The Plaintiff deposited Kshs.900,000 towards settling the debt before the Defendant advertised the suit property for sale.
Issues
- Whether the Plaintiff has a prima facie case with probability of success.
- Whether the Plaintiff will suffer irreparable loss which cannot be adequately compensated in any way or by an award of damages.
- Whether the balance of convenience tilts in favour of the Plaintiff.
Reasoning
The court finds the Plaintiff has a prima facie case with probability of success and will suffer irreparable loss. The balance of convenience tilts in favour of the Plaintiff.
Outcome
The injunction application is allowed.
Orders
- An injunction against the Defendant from transferring or registering the transfer of the suit property until the final determination of this suit.
- An order to the Registrar of Titles forbidding the registration of any transfer or dealing in respect of the suit property to any person until the final determination of this suit.
- Costs of this application are provided for.
Remedies
- Injunction to prevent the transfer or registration of the suit property until the final determination of the suit.
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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