Geepak Limited & 2 others v Equity Bank Kenya Limited & another (Civil Suit E026 of 2024) [2025] KEHC 437 (KLR) (Commercial and Tax) (23 January 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 437
- Citation
- [2025] KEHC 437 (KLR)
- Decided
- 23 January 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramP.M. MULWA
Holding
The plaintiffs are entitled to an injunction to restrain the defendants from taking possession of the land.
Facts
The plaintiffs secured credit facilities from the defendant and Grace Wamuyu Mathenge provided a personal guarantee and legal charge over land. The defendant issued a statutory notice of sale, which was withdrawn, and the plaintiffs were granted a grace period to rectify the default.
Issues
- Whether the plaintiffs are entitled to an injunction to restrain the defendants from taking possession of the land.
- Whether the plaintiffs are entitled to a declaration that the statutory sale notice was withdrawn and a grace period was granted.
Reasoning
The plaintiffs provided a personal guarantee and legal charge over the land, and the defendant issued a statutory notice of sale which was subsequently withdrawn. The plaintiffs were granted a grace period to rectify the default.
Outcome
In favor of the plaintiffs
Orders
- An order of injunction restraining the defendants from taking possession of the land
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Act
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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