Priscilla Muthoni Kioni v Rafiki Microfinance Bank [2016] KEHC 8410 (KLR)
- Court
- High Court of Kenya
- Case number
- 8410
- Citation
- [2016] KEHC 8410 (KLR)
- Decided
- 4 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramOLGA SEWE
Holding
The Court granted the Plaintiff's application for a temporary injunction
Facts
The Plaintiff, Priscilla Muthoni Kioni, took a loan of Kshs. 3,065,360 from the Defendant, Rafiki Microfinance Bank, to purchase a motor vehicle. The Plaintiff did not execute a Chattels Mortgage or Hire Purchase Agreement in favor of the Defendant. The Plaintiff later requested a restructuring of her repayments due to unforeseen circumstances.
Issues
- Whether the Plaintiff is entitled to a temporary injunction to restrain the Defendant from harassing her
- Whether the Plaintiff is entitled to costs of the application
Reasoning
The Court found that the Plaintiff is entitled to a temporary injunction to restrain the Defendant from harassing her, as she did not execute a Chattels Mortgage or Hire Purchase Agreement in favor of the Defendant.
Outcome
Granted the Plaintiff's application for a temporary injunction
Orders
- A temporary injunction was issued restraining the Defendant, its agents, servants, debt collectors or anyone acting in their name from calling the Plaintiff, visiting the Plaintiff's premises or in any other way harassing, intimidating or threatening the Plaintiff pending the hearing and determination of this 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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