Bethwel Kimutai v Equity Bank (K) Ltd & another [2022] KEHC 1995 (KLR)
- Court
- High Court of Kenya
- Case number
- 1995
- Citation
- [2022] KEHC 1995 (KLR)
- Decided
- 28 February 2022
The application for an interlocutory injunction is accordingly refused with costs.
Facts
The plaintiff, Bethwel Kimutai, approached Equity Bank (K) Ltd for a banking facility of Kshs. 10,850,000 and offered TITLE NO. NANDI/KAMOBO/1122 as security. Later, he approached the bank for another facility of Kshs. 30,100,000 and offered TITLE NO. CHEPSIRO/KIBUSWA BLOCK 1/KELCHINET/223 as security. Both charges were registered and the bank disbursed the funds. The plaintiff filed an application challenging the statutory power of sale due to the lack of certain notices.
Issues
- Whether the application has met the threshold for an injunction
- Whether the applicant has a prima facie case
- Whether the balance of convenience lies in not granting the injunction
Reasoning
The court found that the applicant has only settled a small portion of the debt and has unclean hands. The balance of convenience lies in not granting the injunction as the applicant has not fully settled the debt and the bank would lose its security if the property is sold.
Outcome
Denied
Orders
- Application for interlocutory injunction refused with costs
Authorities cited
Legislation (3)
- Land Act No. 6 of 2012
- Civil Procedure Rules
- Auctioneers’ Rules
Cases cited (3)
- Giella v Cassman Brown Co. Ltd 1973 E.A. 358
- Thathy vs Middle East Bank (K) Ltd (2002) 1 KLR 595
- American Cyanamid Co. v Ethicon, Inc. 415 U.S. 223 (1974)
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