[2024] KEHC 10656 (KLR)

[2024] KEHC 10656 (KLR)

The court found that the plaintiffs had demonstrated sufficient urgency in their application, warranting certification as urgent. Further, the court was persuaded that an interim injunction was necessary to preserve the suit property, Kisumu Municipality Block 11/219, and to prevent its sale, auction, or disposal by...

Source-derived case information.

Citation
[2024] KEHC 10656 (KLR)
Parties
Plaintiff: James Michael Mc Tough; Plaintiff: Patricia Ann Mc Tough; Defendant: National Bank Of Kenya Ltd; Defendant: Godfrey Collins Omondi T/A Colinet Auctioneers
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Commercial Case E003 of 2023
Procedural Posture
Commercial Case / Interlocutory Application; Ruling on Interim Injunction
Outcome
Interim injunction granted; application certified as urgent; directions issued for service and response.
Judges
MS Shariff
Legal Topics
Interim Injunctions, Urgent Applications, Auction Sales, Property Disputes
Source Language
en
Commercial and Corporate Civil Procedure Interim Injunctions Urgent Applications Auction Sales Property Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

James Michael Mc Tough

Plaintiff

Patricia Ann Mc Tough

Plaintiff

National Bank Of Kenya Ltd

Defendant

Godfrey Collins Omondi T/A Colinet Auctioneers

Defendant

Procedural Posture

Commercial Case / Interlocutory Application; Ruling on Interim Injunction

Legal Issues

  1. 1 Whether the plaintiffs have demonstrated sufficient urgency to warrant certification of the application as urgent.
  2. 2 Whether the plaintiffs have established a prima facie case for the grant of an interim injunction restraining the defendants from dealing with the suit property pending further directions.

Ratio Decidendi

The court found that the plaintiffs had demonstrated sufficient urgency in their application, warranting certification as urgent. Further, the court was persuaded that an interim injunction was necessary to preserve the suit property, Kisumu Municipality Block 11/219, and to prevent its sale, auction, or disposal by the defendants before the matter could be fully heard. The court therefore granted an interim injunction restraining the defendants from dealing with the property for a period of 8 days, pending service of the application and filing of responses by the defendants. Directions for further conduct of the matter were set for a later date.

Court Disposition

Interim injunction granted; application certified as urgent; directions issued for service and response.

Orders

  • The application is certified as urgent.
  • An order of interim injunction is granted restraining the defendants from advertising for sale, auctioning, selling, transferring, disposing of, dealing and/or interfering with Kisumu Municipality Block 11/219 for 8 days.