[2019] KEHC 8578 (KLR)
Given the urgency of the application, the substantial amount of money involved (KES 20 million), and the imminent risk of the applicant's property being sold at auction, the court found it necessary to preserve the status quo by granting an interim injunction. The court determined that the issues raised were weighty...
Source-derived case information.
- Citation
- [2019] KEHC 8578 (KLR)
- Parties
- Applicant: John Chepkoros Moindi T/A Sinende Wholesaler Ltd; Respondent: Transnational Bank Ltd; Respondent: Sarah Njoki Munge T/A Sanjomu Auctioneers
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Civil Case 12 of 2018
- Procedural Posture
- Civil Case / Interlocutory Application for Injunction
- Outcome
- Interim injunction granted; auction stopped pending hearing of applications.
- Legal Topics
- Interlocutory Injunctions, Power of Sale, Auction Sales, Secured Loans
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Chepkoros Moindi T/A Sinende Wholesaler Ltd
Applicant
Transnational Bank Ltd
Respondent
Sarah Njoki Munge T/A Sanjomu Auctioneers
Respondent
Procedural Posture
Civil Case / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the applicant is entitled to an interim injunction to stop the auction of motor vehicles and parcels of land pending hearing of the applications.
- 2 Whether the 1st respondent was lawfully exercising its statutory power of sale as a chargor to recover an outstanding loan.
Ratio Decidendi
Given the urgency of the application, the substantial amount of money involved (KES 20 million), and the imminent risk of the applicant's property being sold at auction, the court found it necessary to preserve the status quo by granting an interim injunction. The court determined that the issues raised were weighty in both law and fact, and that the interests of justice required halting the auction until the pending applications could be heard and determined on their merits. The court thus granted prayers 2 and 3 of the notices of motion, issuing an interim order of injunction to stop the intended auction pending the hearing and determination of the applications.
Court Disposition
Interim injunction granted; auction stopped pending hearing of applications.
Orders
- Prayers 2 and 3 of the notices of motion are granted pending hearing and determination of the applications.
- An interim order of injunction is issued to stop the intended auction until the applications are heard and determined.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CIVIL CASE NO 12 OF 2018
JOHN CHEPKOROS MOINDI
T/A SINENDE WHOLESALER LTD...........................................APPLICANT
VERSUS
TRANSNATIONAL BANK LTD.......................................1ST RESPONDENT
SARAH NJOKI MUNGE
T/A SANJOMU AUCTIONEERS....................................2ND RESPONDENT
RULING
1. The plaintiff/applicant filed his certificate of urgency to stop the sale of the motor vehicles and parcels of land set out in his certificate of urgency dated 13/2/2019. I certified the matter urgent. The respondents were served and duly appeared through their counsel, Mr. Simiyu.
2. Other than the document titled certificate of urgency, the applicant did not file any notice of motion and the standard practice of supporting the application by an affidavit. As a result, I ordered the applicant to file a proper application which he did and filed it in court this morning. He then served it upon the respondents who duly appeared.
3. During their oral submissions in court this afternoon, it came to light that the issues raised are weighty, both in law and fact.
4. One of the weighty issues raised is that the 1st respondent as a chargor was exercising his powers of sale. It is pursuant to those powers that they advertised a sale by auction to recover an outstanding loan in the sum of Shs.20 million.
5. Because of the urgency of the application and the amount of money involved and in view of the imminent sale scheduled for 15/2/2019, I hereby find that it is in the interests of justice to issue and interim order of injunction to stop the intended auction until the instant application and that of 11/10/2018 have been heard.
6. I therefore grant prayers 2 and 3 of the notices of motion pending the hearing and determination of those two applications, which must be heard on priority basis.
Ruling dated and delivered in open court at Narok this 15th day of February 2019 in the presence of Mr. Meingati for the applicant and Mr. Simiyu for the respondents.
J. M. Bwonwonga
Judge
15/2/2019