Erick Kimingichi Wapangana Magharibi Machineries Ltd v Equity Bank Limited Antique Auctioneers Agencies [2014] KEHC 970 (KLR)
- Court
- High Court of Kenya
- Case number
- 970
- Citation
- [2014] KEHC 970 (KLR)
- Decided
- 16 December 2014
There is no injunction in this matter at all. The applicants' application succeeds only to the extent that the injunction has lapsed.
Facts
The plaintiff, Erick Kimingichi Wapangana Magharibi Machineries Ltd, filed a suit against the defendant, Equity Bank Limited Antique Auctioneers Agencies, seeking an injunction to restrain the defendant from selling or having any act to sell the plaintiff's immovable property. The injunction was granted on 12th October 2011 and was in place for 3 years and 1 month. The plaintiff was also ordered to furnish a full account of the defendant's loan account.
Issues
- Whether the injunction has lapsed by operation of law
- Whether the plaintiff is paying the amount of loan due
Reasoning
The court ruled that the injunction expired on 11th October 2012, as the suit was still pending and the injunction was not extended or varied by the court prior to its expiry. The court declared that there is no injunction in this matter.
Outcome
Appeal dismissed
Orders
- The applicants' application is dismissed
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