Seahawk General Logistics Limited & 2 others v Stanbic Bank Kenya Limited [2021] KEHC 7813 (KLR)
- Court
- High Court of Kenya
- Case number
- 7813
- Citation
- [2021] KEHC 7813 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInjunction ApplicationPostureApplication dismissed with costsCoramA. MABEYA, FCI Arb
Holding
The application is dismissed with costs.
Facts
The applicants sought injunctive orders against the respondent regarding facilities totaling Kshs. 56,000,000/- secured by properties. The applicants claimed the respondent had not complied with statutory notices and had not followed proper procedures.
Issues
- Statutory notice under Section 90(2) of the Land Act
- Manifest undervaluation of the suit properties
- Fraud or improper exercise of the power of sale
Reasoning
The court found no prima facie case for the applicants and that the balance of convenience tilts in favour of declining any injunctive orders.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Land Act No. 6 of 2012
- Article 40 of the Constitution
Cases cited (3)
- Giella v. Cassman Brown
- First Choice Mega Store Ltd vs. Ecobank Kenya Ltd
- Muhani & Another vs. National Bank of Kenya Ltd
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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