Joseph Edward Mwirigi vTimes U Sacco Society Ltd [2016] KEHC 2952 (KLR)
- Court
- High Court of Kenya
- Case number
- 2952
- Citation
- [2016] KEHC 2952 (KLR)
- Decided
- 19 September 2016
The application is not certified urgent, no prayers are granted at the ex-parte stage, the application to be properly served upon the Defendant, and parties to appear before the Deputy Registrar on 05/10/2016 to canvass the application or for further directions.
Facts
The Plaintiff, Joseph Edward Mwirigi, commenced the construction of a primary school named KILIMANI EQUATOR ACADEMY in 2009. The school was built on three parcels of land, and the Defendant, Times U Sacco Society Ltd, loaned the Plaintiff Kshs. 1,500,000 in September 2015 for final touches. The school was not completed, and the Plaintiff was unable to service the loan installments due to lack of students.
Issues
- Whether the application for temporary injunction should be granted
- Whether the Defendant should be directed to offer reasonable terms for loan repayment
- Whether accounts should be taken and sale of the security be stayed until the hearing and final disposal of the application
Reasoning
The application is speculative due to the use of the word 'may' in the certificate of urgency, and the application is brought to court 7 months later than the 90 days statutory notice.
Outcome
The application is dismissed.
Orders
- The Application is not Certified Urgent
- No prayers are granted at the ex-parte stage
- The Application to be properly served upon the Defendant
- Parties to appear before the Deputy Registrar on 05/10/2016 to canvass the application or for further directions
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