Aquinas F M Wasike v Absa Bank Kenya PLC (Formerly Barclays Bank of Kenya Limited) & 2 others [2020] KEHC 3267 (KLR)
- Court
- High Court of Kenya
- Case number
- 3267
- Citation
- [2020] KEHC 3267 (KLR)
- Decided
- 15 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory InjunctionPostureAppeal from the original trial outcomeCoramD. S. MAJAN, D. S. MAJANJA, Havelock, Ngugi
Holding
The court granted the Plaintiff's application for an interlocutory injunction.
Facts
The Plaintiff, Aquinas F. M. Wasike, is indebted to the Bank. The Bank provided him with facilities secured by a legal charge over his property, which was later sold in public auction by the 2nd Defendant, Regent Auctioneers, to the 3rd Defendant, Titus O. Kocey.
Issues
- Whether the Plaintiff has established a prima facie case with a probability of success.
- Whether the Plaintiff has demonstrated irreparable injury that cannot be compensated by an award of damages.
- Whether the balance of convenience is in favor of the Plaintiff's application for an interlocutory injunction.
Reasoning
The court found that the Plaintiff had established a prima facie case and that the balance of convenience was in his favor.
Outcome
Granted
Orders
- Interlocutory injunction restraining the Defendants from completing the sale or effecting the transfer of the suit property to the 3rd Defendant.
Authorities cited
Cases cited (2)
- Giella v Cassman Brown [1973] EA 348
- Mrao Ltd v First American Bank of Kenya Limited and 2 Others [2003] 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.
Loading judgment…