Adsite Limited v Imperial Bank Limited (In Receivership) [2021] KEHC 553 (KLR)
- Court
- High Court of Kenya
- Case number
- 553
- Citation
- [2021] KEHC 553 (KLR)
- Decided
- 19 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from original trialCoramNJOKI MWANGI
Holding
The court granted the injunction sought by the plaintiff.
Facts
The plaintiff, Adsite Limited, sought an injunction against the defendant, Imperial Bank Limited (in receivership), to restrain the defendant from charging interest and penalties on the plaintiff's loan accounts and from realizing the plaintiff's securities.
Issues
- Whether the plaintiff's application for an injunction is merited.
- Whether the defendant's actions in holding the plaintiff's funds and refusing to set off the loan arrears with the fixed deposit amounts are in breach of the loan agreement.
Reasoning
The court found that the defendant's actions were in breach of the loan agreement and that the plaintiff was not in loan arrears.
Outcome
Granted
Orders
- An injunction restraining the defendant from charging interest and penalties on the plaintiff's loan accounts.
- An injunction restraining the defendant from realizing the plaintiff's securities.
Remedies
- Injunctions
Authorities cited
Legislation (1)
- Order 40 Rule 1 of the 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.
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