Anita Cheleagat O’donovan & 2 others v Fredrick Kwame Kumah & 2 others [2015] KEHC 581 (KLR)
- Court
- High Court of Kenya
- Case number
- 581
- Citation
- [2015] KEHC 581 (KLR)
- Decided
- 21 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial
Holding
The Court granted the injunctions sought by the Plaintiffs.
Facts
The Plaintiffs are the estates of Terrence Peter O'Donovan and Joyce Jerotich O'Donovan. They are seeking an injunction to prevent the 3rd Defendant, National Bank of Kenya Limited, from selling or advertising for sale by way of private treaty or by public auction the properties in L.R Nairobi/Block 90/143 Loresho South, L.R Nairobi/Block 209/11315 and L.R Nairobi/Block 209/11316, or interfering with their enjoyment of the properties.
Issues
- Whether the Plaintiffs are entitled to an injunction to prevent the sale or advertisement of the properties by the 3rd Defendant.
- Whether the injunction should be granted pending the inter-partes hearing and determination of the application.
Reasoning
The Court found that the Plaintiffs are entitled to the injunctions to prevent the sale or advertisement of the properties by the 3rd Defendant.
Outcome
Appeal dismissed
Orders
- An order of injunction restraining the 3rd Defendant from selling or advertising for sale by way of private treaty or by public auction the properties comprised in L.R Nairobi/Block 90/143 Loresho South, L.R Nairobi/Block 209/11315 and L.R Nairobi/Block 209/11316 or interfering in any way whatsoever with the Plaintiffs’/Applicants’ quite enjoyment thereof.
Remedies
- Injunctions
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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