[2014] KEHC 3200 (KLR)
The court found that the plaintiff had established a prima facie case through affidavit evidence showing that it financed the purchase of the vehicle, that the defendants defaulted on the loan, and that the vehicle was improperly registered and removed from the jurisdiction. The application was unopposed, and the...
Source-derived case information.
- Citation
- [2014] KEHC 3200 (KLR)
- Parties
- Plaintiff: NIC Bank Ltd; Defendant: Eagle Power Services Ltd; Defendant: Bahati Murwa; Defendant: Dorothy Owuor; Defendant: Joseph Mugambi Nyanga
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 16 of 2014
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunction Application
- Outcome
- application allowed
- Legal Topics
- Loan Default, Injunctive Relief, Asset Recovery
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NIC Bank Ltd
Plaintiff
Eagle Power Services Ltd
Defendant
Bahati Murwa
Defendant
Dorothy Owuor
Defendant
Joseph Mugambi Nyanga
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to injunctive relief against the defendants for defaulting on a vehicle loan.
- 2 Whether the plaintiff has established a prima facie case for the grant of an injunction.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case through affidavit evidence showing that it financed the purchase of the vehicle, that the defendants defaulted on the loan, and that the vehicle was improperly registered and removed from the jurisdiction. The application was unopposed, and the defendants had been properly served and represented by counsel. In the absence of any rebuttal or contrary evidence from the defendants, and considering the risk to the plaintiff's security interest in the vehicle, the court granted the injunctive relief as prayed in the application dated 25-4-2014.
Court Disposition
application allowed
Orders
- The application dated 25-4-2014 is allowed as prayed.
- The applicant shall have the cost of this application.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
CIVIL SUIT NO. 16 OF 2014
NIC BANK LTD...................................................................................PLAINTIFF
VERSUS
EAGLE POWER SERVICES LTD
BAHATI MURWA …................................... DEFENDANTS
DOROTHY OWUOR
JOSEPH MUGAMBI NYANGA
R U L I N G
The notice of motion application dated 25-4-2014 by the applicant prays for injunctive reliefs against the defendants. The applicant's grounds in support thereof are that the defendants purchased motor vehicle Reg. No. KBQ 862X where the plaintiff financed the same. However the defendants have defaulted in repaying the loan now standing at Kshs. 7,084,070. 17.
The plaintiff further vide the sworn affidavit of Henry Maina has gone ahead to state that the logbook for the said vehicle is in the name of the defendants yet it was to be registered in both the plaintiff and the defendants names.
Further, the plaintiff states that the suit motor vehicle after extensive search was discovered in Uganda and it took the assistance of Uganda police to recover the same.
The application has not been opposed. There is sufficient evidence to show that the defendants were served and have infact retained the services of a counsel. The date was taken by consent on 8-5-2014.
Taking in totality the prima facie affidavit evidence on record and the fact that the application is not opposed I do allow the application dated 25-4-2014 as prayed. The applicant shall have the cost of this application.
Dated, signed and delivered at Kisumu this 23rd day of July, 2014.
H.K. CHEMITEI JUDGE