Patrick Kangethe Edward v Co-operative Bank of Kenya Limited & another [2016] KEHC 2410 (KLR)
- Court
- High Court of Kenya
- Case number
- 2410
- Citation
- [2016] KEHC 2410 (KLR)
- Decided
- 26 July 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order granting a temporary injunctionCoramP.J.O. OTIENO
Holding
The court has jurisdiction over the matter and grants a temporary injunction to the plaintiff.
Facts
The plaintiff filed a suit against the defendants seeking a declaration that the manner in which the plaintiff sought to exercise its statutory power of sale was illegal and unlawful. The defendants advertised the property for sale, and the plaintiff filed a separate Hcc No. 54 of 2016.
Issues
- Whether the court has jurisdiction over the matter
- Whether the plaintiff is entitled to a temporary injunction
Reasoning
The court determined that the jurisdiction of the court has not been ousted by Article 165(5) of the Constitution. The court also found that the plaintiff is entitled to a temporary injunction.
Outcome
The court grants a temporary injunction to the plaintiff.
Orders
- Within 7 days, the plaintiff shall pay kshs.10,000,000 towards the reduction of the loan and another kshs.10,000,000 on or before the 15th August 2016.
- Within 14 days, the plaintiff shall give a clear and unequivocal acceptable proposal to liquidate the entire debt within 90 days from today.
- In default of compliance, the injunction shall stand lapsed and the defendant shall be at liberty to proceed and realise the security through a one appointed auctioneer.
Remedies
- Temporary injunction granted to the plaintiff
Authorities cited
Legislation (2)
- Land Act
- Tenant Act, 2012
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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