Equip Agencies Limited v I & M Bank Limited [2017] KEHC 10051 (KLR)
- Court
- High Court of Kenya
- Case number
- 10051
- Citation
- [2017] KEHC 10051 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramPlowman
Holding
The Court finds the charge invalid due to non-compliance with the Companies Act registration requirements.
Facts
The Plaintiff, Equip Agencies Limited, seeks a temporary injunction against the Defendant, I & M Bank Limited, to prevent them from selling or interfering with the Plaintiff's ownership of a parcel of land.
Issues
- Validity of the charge
- Validity of the statutory notices
- Conditions for granting an order for temporary injunction
- Granting interlocutory mandatory injunction
- Doctrine of lis pendens and Section 106 of the Land Registration Act
Reasoning
The Court ruled that the charge was not registered within the stipulated 42-day period, making it invalid.
Outcome
The Court dismissed the Application.
Authorities cited
Legislation (2)
- Companies Act 2012
- Land Act
Cases cited (2)
- Ibis Aviation vs Equitorial Commercial Bank CA No. 257 of 1999
- Coast Brick Tiles & Tiles vs. Premchand (1996) EA
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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