Easy Properties Limited & another v Diamond Trust Bank [2021] KEHC 12954 (KLR)
- Court
- High Court of Kenya
- Case number
- 12954
- Citation
- [2021] KEHC 12954 (KLR)
- Decided
- 27 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from original trial outcomeCoramOnguto
Holding
The court granted the injunction.
Facts
Easy Properties Limited and BROWSE INTERNET ACCESS LIMITED filed an application seeking an injunction against DIAMOND TRUST BANK over properties LR No. 12715/522 Northwest Athi River Township Machakos and LR No. 209/10964 Nairobi.
Issues
- Whether the Plaintiffs have established a prima facie case with high chances of success.
- Whether the Plaintiffs will suffer irreparable loss that cannot be compensated by an award of damages if the injunction is not granted.
- Whether the balance of convenience tilts in favour of granting or refusing the application.
Reasoning
The court considered the principles for granting an interlocutory injunction and determined that the Plaintiffs have established a prima facie case with high chances of success, and the balance of convenience tilts in their favour.
Outcome
Granted
Orders
- Temporary injunction restraining the Defendant from advertising, selling by public auction, private treaty and otherwise dealing or interfering with the properties pending the hearing and determination of the suit.
Remedies
- Injunction
Authorities cited
Legislation (4)
- Civil Procedure Act
- Land Act No. 6 of 2012
- Land Registration Act No. 3 of 2012
- Banking Act
Cases cited (3)
- Giella v. Cassman Brown & Co. Ltd
- Mrao Limited v. First American Bank of Kenya
- Nguruman Limited v. Jan Bonde Nielsen
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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