[2022] KEHC 2949 (KLR)
The court found that the applicants had demonstrated sufficient urgency and risk of irreparable harm to justify granting a temporary injunction ex parte. The court certified the matter as urgent, allowed it to be heard during the recess, and issued a temporary injunction restraining the respondents from advertising...
Source-derived case information.
- Citation
- [2022] KEHC 2949 (KLR)
- Parties
- Applicant: Port Florence Community Hospital Limited; Applicant: Joshua Odongo Oron; Respondent: Prime Bank Limited; Respondent: Garam Investments Auctioneers
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Commercial Civil Case 1 of 2022
- Procedural Posture
- Commercial Case / Ruling on Ex Parte Application for Temporary Injunction
- Outcome
- Temporary injunction granted ex parte; matter certified urgent and to be heard during recess.
- Judges
- RE Aburili
- Legal Topics
- Temporary Injunctions, Auction Sales, Urgent Applications, Property Mortgage Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Port Florence Community Hospital Limited
Applicant
Joshua Odongo Oron
Applicant
Prime Bank Limited
Respondent
Garam Investments Auctioneers
Respondent
Procedural Posture
Commercial Case / Ruling on Ex Parte Application for Temporary Injunction
Legal Issues
- 1 Whether the application for a temporary injunction to restrain the advertisement and sale of the suit properties should be granted ex parte.
- 2 Whether the matter is sufficiently urgent to warrant being heard during the court recess.
Ratio Decidendi
The court found that the applicants had demonstrated sufficient urgency and risk of irreparable harm to justify granting a temporary injunction ex parte. The court certified the matter as urgent, allowed it to be heard during the recess, and issued a temporary injunction restraining the respondents from advertising or selling the specified properties pending inter partes hearing. The court further directed service of the application and orders on the respondents and set a mention date for further directions.
Court Disposition
Temporary injunction granted ex parte; matter certified urgent and to be heard during recess.
Orders
- A temporary injunction is issued restraining Prime Bank Limited and Garam Investments Auctioneers from advertising for sale, whether by private or public auction, the properties Kisumu/Korando/2284, Kisumu/Korando/2286, and Kisumu/Municipality/Block 4/135 pending inter partes hearing.
- Applicants to serve the respondents with the application, supporting documents, and this order by close of business on 7/1/2022.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
COMMERCIAL CASE NO. 1 OF 2022
(ORIGINATING FROM KISUMU COMMERCIAL CASE NO. E04 OF 2021)
PORT FLORENCE COMMUNITY HOSPITAL LIMITE....1ST APPLICANT/PLAINTIFF
JOSHUA ODONGO ORON......................................................2ND APPLICANT/PLAINTIFF
VERSUS
PRIME BANK LIMITED...................................................1ST RESPONDENT/DEFENDANT
GARAM INVESTMENTS AUCTIONEERS...................2ND RESPONDENT/DEFENDANT
RULING
1. I have considered the 2 applications dated 6/1/2022 filed under Certificates of Urgency. The first application seeks leave of court to be heard during the recess. I have heard Mr. S. M. Onyango advocate for the plaintiffs/Applicants. I am satisfied that the application is urgent and ought to be considered expeditiously and exparte in the first instance. I certify it urgent and grant the Applicant leave to be heard during the recess.
2. On the Application seeking for a temporary injunction to stop the advertisement being placed by the 2nd Respondent Garam Investments Auctioneers for the sale of properties described as Kisumu/Korando/2284, Kisumu/Korando/2286 and Kisumu/Municipality/Block 4/135, I have considered the arguments for the temporary injunction. I am satisfied that the matter is urgent and ought to be considered exparte in the first instance. I certify the application urgent and make the following orders:
1. That pending interpartes consideration of the application dated 6/1/2022, a temporary injunction be and is hereby issued directed at the Defendants/Respondents herein Prime Bank Limited and Garam Investments Auctioneers, their employees, agents, workers from advertising for sale whether by private or public auction of the properties Nos Kisumu/Korando/2284, Kisumu/Korando/2286 and Kisumu/Municipality/ Block 4/135.
2. That the Applicants do serve the Respondents with the Application and all its supporting documents and this order forthwith, by close of business today 7/1/2022.
3. The matter shall be mentioned before the recess duty Judge for further directions on Thursday 13th January 2022 at Kakamega High Court.
4. These proceedings and Order to be typed and extracted as appropriate forthwith and remitted to Kisumu High Court who shall transmit the same to the recess duty court at Kakamega High Court for further consideration on 13/1/2022.
3. Orders accordingly
DATED, SIGNED AND DELIVERED AT SIAYA THIS 7TH DAY OF JANUARY, 2022
R.E. ABURILI
JUDGE