Globe Autospares and Accessories Limited v Housing Finance Limited & another (Civil Case E860 of 2021) [2025] KEHC 4058 (KLR) (Commercial and Tax) (27 March 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 4058
- Citation
- [2025] KEHC 4058 (KLR)
- Decided
- 27 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInterim Measure of ReliefPostureAppeal from a previous rulingCoramF. GIKONYO
Holding
The court declines to grant the plaintiff's motion for an interim injunction.
Facts
Globe Autospares and Accessories Limited offered the subject property to secure a Kshs. 100,000,000 loan issued by Housing Finance Limited. The charged property was sold by public auction on 2nd March 2021. The plaintiff claims the defendant bank failed to record monthly instalments, inflated the balance, and sold the property at a gross undervalue.
Issues
- Whether the plaintiff is entitled to interim relief pending the hearing and determination of its motion.
- Whether the defendant bank exercised its statutory power of sale while still collecting rent and sold the property at a gross undervalue.
Reasoning
The court finds that the property has already been sold through public auction, and a temporary injunction is not a feasible remedy.
Outcome
The plaintiff's motion for an interim injunction is denied.
Authorities cited
Legislation (1)
- Land Act
Cases cited (2)
- Muyumba Watita & 51 Others v Joannes Satia & 4 others [2020] eKLR
- Eric V. J. Makokha & 4 Others v Lawrence Sagini & 2 others (Civil Application No. 20 of 1994) (12/94 UR)
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.
Loading judgment…