Andymac Palace Limited v Equity Bank (K) Limited [2018] KEHC 8692 (KLR)
- Court
- High Court of Kenya
- Case number
- 8692
- Citation
- [2018] KEHC 8692 (KLR)
- Decided
- 23 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a lower court decisionCoramJoel Ngugi, Munyao, Mutende, Odunga, Thande
Holding
The High Court had jurisdiction to hear and determine the matter.
Facts
The Plaintiff filed a Notice of Motion application seeking an injunction to restrain the Defendant from selling and disposing of the property known as Voi Municipality Block 1/403 pending the hearing and disposal of the suit filed herein.
Issues
- Whether the High Court had jurisdiction to hear and determine the matter.
- Whether the Plaintiff had established a prima facie case warranting the granting of an injunction pending the hearing and determination of the case herein.
Reasoning
The court dismissed the Defendant's argument that the High Court had no jurisdiction to hear the matter due to the provisions of Article 165(5) of the Constitution of Kenya, 2010, and the Environment and Land Court Act, 2011.
Outcome
The Plaintiff's application for an injunction was granted.
Orders
- A temporary injunction be and is hereby granted in favour of the Plaintiff pending the issuance of fresh Notices under the Land Act and Notification of Sale under the Auctioneers Rules, 1997 by the Defendant and Auctioneers respectively.
- The Plaintiff to pay the sum representative of 5 months arrears within 7 days.
- The Plaintiff to pay newspaper advertisement fee as well as auctioneers fees within 7 days.
- Status quo to be maintained.
- Application to be served upon the Respondent forthwith.
Remedies
- Temporary injunction
Authorities cited
Legislation (4)
- Civil Procedure Act
- Constitution of Kenya 2010
- Environment and Land Court Act, 2011
- Land Act
Cases cited (2)
- East African Railway Corp vs. Anthony Sefu [1973] EA 237
- Republic v Chairman, National Land Commission & 2 others ex-parte Peter Njore Wakaba & Macharia Kinyanjui [2016] eKLR
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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