Mesgo Limiteed & another v National Bank of Kenya Limited [2020] KEHC 9927 (KLR)
- Court
- High Court of Kenya
- Case number
- 9927
- Citation
- [2020] KEHC 9927 (KLR)
- Decided
- 16 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from the original trialCoramW. A. OKWANY
Holding
The application for temporary injunction is dismissed as the plaintiffs have not established a prima facie case against the defendant.
Facts
The plaintiffs, Mesgo Limiteed and EMBU FOOD INDUSTRIES LIMITED, are indebted to the defendant, NATIONAL BANK OF KENYA LIMITED, for monies advanced under a loan Facility Agreement. The plaintiffs claim that the defendant has threatened to sell their property and has not served statutory notices for redemption.
Issues
- Whether the plaintiffs have established a prima facie case against the defendant for the issuance of temporary injunction.
- Whether the plaintiffs have made efforts to pay the amounts due and if the debt continues to attract interest.
Reasoning
The court finds that the plaintiffs are indebted to the defendant and that the plaintiffs have not made efforts to pay the amounts due, which debt continues to attract interest. The plaintiffs have not established a prima facie case against the defendant.
Outcome
The application is dismissed.
Orders
- Costs shall abide the outcome of the main 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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