Moses Kimutai Kasasam & 6 others v Agricultural Finance Corporation & another [2019] KEHC 575 (KLR)
- Court
- High Court of Kenya
- Case number
- 575
- Citation
- [2019] KEHC 575 (KLR)
- Decided
- 8 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trialCoramOLGA SEWE
Holding
The Court granted the Plaintiffs' application for an injunction to prevent the sale of the land pending the hearing and determination of the main suit.
Facts
The Plaintiffs are members of a registered community-based organization (CBO) called Schemers Community Based Organization. They acted as guarantors for loans given to their organization by the 1st Defendant, Agricultural Finance Corporation. The Plaintiffs claim that the 1st Defendant is attempting to sell the land they are guarantors for.
Issues
- Whether the Plaintiffs are bona fide members of the CBO
- Whether the Plaintiffs are the proper guarantors for the loans
- Whether the Plaintiffs are entitled to an injunction to prevent the sale of the land
Reasoning
The Court found that the Plaintiffs are bona fide members of the CBO and proper guarantors for the loans, and thus entitled to the injunction.
Outcome
The Plaintiffs' application for an injunction was granted.
Orders
- That the Court be pleased to grant an order of injunction restraining the Defendants whether by themselves or its authorized agents, auctioneers and or any of them or otherwise from offering for sale, selling by public auction or private treaty of that parcel of land, namely UASIN GISHU/TAPSAGOI EXTENSION/237, LR NO. TURBO EAST/LESERU BLOCK 4 (SAMBUT)/191, TURBO EAST/LESERU BLOCK 4 (SAMBUT)/33, TURBO EAST/LESERU BLOCK 4 (SAMBUT/42 AND TURBO EAST/LESERU BLOCK 2(AINAPNGETIK)/158 pending the hearing and determination of the main suit.
Remedies
- Injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
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.
Loading judgment…