Pauline Wangeci Warui & another v HFC Limited & 2 others [2021] KEHC 5529 (KLR)
- Court
- High Court of Kenya
- Case number
- 5529
- Citation
- [2021] KEHC 5529 (KLR)
- Decided
- 1 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureAppeal from the original trial outcomeCoramOjwang, Spry
Holding
The applicants have not demonstrated a prima facie case with high chances of success, and the court denies the application.
Facts
Pauline Wangeci Warui and Peter Mathenge Gitonga are the registered joint owners of house No 8 in Karen, purchased with a mortgage facility from HFC Limited. The mortgage account was in default due to a rise in interest rates, leading to an auction of the property by Garam Investment Auctioneers and Keysian Auctioneers.
Issues
- Whether the application meets the requirements for grant of an equitable remedy of injunction.
- Whether the 1st defendant had the right to sell the suit property without court leave.
Reasoning
The court applies the principles for grant of temporary injunctions, finding that the applicants have not established a prima facie case and that the injury they would suffer if an injunction is not granted is not irreparable.
Outcome
Application denied
Authorities cited
Legislation (2)
- Land Act
- Civil Procedure Rules
Cases cited (2)
- Nguruman Limited v Jan Bonde Nielsen
- Mrao Limited v First American Bank of Kenya
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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