Hunkar Trading Company Limited & another v Family Bank Limited (Civil Case 841 of 2021) [2022] KEHC 515 (KLR) (Commercial and Tax) (19 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 515
- Citation
- [2022] KEHC 515 (KLR)
- Decided
- 19 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for InjunctionCoramWA OKWANY
Holding
The application is dismissed with costs to the defendant.
Facts
Hunkar Trading Company Limited and Hunky Energy Limited (plaintiffs) sought an injunction against Family Bank Limited (defendant) to prevent the sale of a property and the payment of a loan. The plaintiffs alleged that the defendant was illegally disposing of the property through a public auction and that the sale arose from a loan facility under a Letter of Offer dated 24 January 2020.
Issues
- Whether the defendant is entitled to an injunction to prevent the sale of the property
- Whether the defendant is entitled to an interim injunction to prevent the sale of the property
Reasoning
The court found that the defendant was not entitled to an injunction due to procedural abuse and the plaintiffs' failure to demonstrate efforts to settle the debt.
Outcome
Application dismissed
Authorities cited
Cases cited (1)
- John G Kamunyu & another v Safari 'M' Park Motors (2013) eKLR
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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