Matu v Family Bank Limited & another (Civil Case E877 of 2021) [2022] KEHC 272 (KLR) (Commercial and Tax) (31 March 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 272
- Citation
- [2022] KEHC 272 (KLR)
- Decided
- 31 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Interlocutory InjunctionCoramW. A. OKWANY
Holding
The application is dismissed
Facts
On or around June 2020, the applicant acted as a guarantor for Lawrence Kanja who bought a loan from Family Bank Limited. The applicant believed the loan was being regularly serviced. On 22/10/2021, the applicant received a phone call about an advertisement in the Daily Nation Newspaper stating his property was to be auctioned on 28/10/2021.
Issues
- Interlocutory injunction to restrain the 1st and 2nd defendant from auctioning the applicant's property
- Costs of the application
Reasoning
The applicant's apprehension was not substantiated by evidence, and the property was not in a state of imminent danger of being auctioned.
Outcome
Application dismissed
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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