[2013] KEHC 2944 (KLR)
The court considered whether the applicant had established a prima facie case for the grant of an interlocutory injunction. The applicant failed to file a further affidavit to counter the evidence and documents produced by the 1st defendant, including the charge document and guarantee form. The court found that the...
Source-derived case information.
- Citation
- [2013] KEHC 2944 (KLR)
- Parties
- Plaintiff: Annah Nasimiyu Murunga; Defendant: K-Rep Bank Limited; Defendant: Garam Investments
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2013
- Procedural Posture
- Injunction Application / Ruling on Interlocutory Injunction
- Outcome
- application dismissed
- Legal Topics
- Interlocutory Injunctions, Land Auction Disputes, Mortgage Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Nasimiyu Murunga
Plaintiff
K-Rep Bank Limited
Defendant
Garam Investments
Defendant
Procedural Posture
Injunction Application / Ruling on Interlocutory Injunction
Legal Issues
- 1 Whether the applicant is entitled to an interlocutory injunction restraining the defendants from auctioning the suit property.
- 2 Whether the applicant has established a prima facie case with a probability of success.
- 3 Whether the balance of convenience tilts in favour of granting the injunction.
Ratio Decidendi
The court considered whether the applicant had established a prima facie case for the grant of an interlocutory injunction. The applicant failed to file a further affidavit to counter the evidence and documents produced by the 1st defendant, including the charge document and guarantee form. The court found that the applicant had not sufficiently demonstrated a probability of success or irreparable harm that could not be compensated by damages. The balance of convenience did not favour the applicant, as the respondents had followed due process in seeking to auction the property following default. Consequently, the application for an injunction was not merited and was dismissed.
Court Disposition
application dismissed
Orders
- The application for interlocutory injunction is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
ENVIRONMENTAL AND LAND CASE NO. 6 OF 2013
ANNAH NASIMIYU MURUNGA..............………...........……….………….. PLAINTIFF
VERSUS
K-REP BANK LIMITED........................................1ST DEFENDANT/RESPONDENT
GARAM INVESTMENTS.................…………......2ND DEFENDANT/RESPONDENT
RULING
In an application brought under Order 40 rules 1,2,3 & 4 and sections 1,1`A, 1B and 3A of the Civil Procedure Rules, the applicant sought injunctive reliefs to restrain the defendants from auctioning her land L.R. No. E. Bukusu/S. Kanduyi/4382. The application is dated 9th January 2013.
The application is opposed and the 1st defendant has filed a replying affidavit sworn by Jared Omanyo Lipuku, its branch manager. In his sixteen paragraph affidavit, the 1st Respondent has annexed several documents among their charge document and indemnity and guarantee form signed by the applicant.
The applicant did not file any further affidavit to counter the issues raised in the replying affidavit despite leave having given when the matter came up for inter partes hearing on 7th February 2013, the application was adjourned
RULING DATED, SIGNED, READ AND DELIVERED in open court this 20th
day of June 2013.
OMOLLOJUDGE.