[2024] KEHC 7905 (KLR)

Source-derived case information.

Citation: [2024] KEHC 7905 (KLR)
Parties: Plaintiff: Sunbake Enterprises Ltd; Plaintiff: Jetrab Investment Ltd; Respondent: Kenya Development Corp Ltd; Respondent: Startruck Auctioneers
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Commercial Case E003 of 2024
Procedural Posture: Commercial Case / Ruling on Interlocutory Application for Temporary Injunction
Outcome: Temporary injunction granted for 8 days; application not certified as urgent; directions issued for service and response.
Judges: MS Shariff
Legal Topics: Temporary Injunctions, Auction Sales, Redemption Notices, Interlocutory Applications
Source Language: en

Commercial and Corporate Civil Procedure Temporary Injunctions Auction Sales Redemption Notices Interlocutory Applications

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Sunbake Enterprises Ltd

Plaintiff

Jetrab Investment Ltd

Plaintiff

Kenya Development Corp Ltd

Respondent

Startruck Auctioneers

Respondent

Procedural Posture

Commercial Case / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

1 Whether the application for a temporary injunction restraining the sale of the applicant's property should be certified as urgent.
2 Whether the applicants are entitled to a temporary injunction restraining the respondents from auctioning or interfering with the suit property pending hearing.

Ratio Decidendi

The court found that the applicants had not demonstrated sufficient urgency to warrant certification of the application as urgent, given that the redemption notice was issued on 7th May 2024 and the application was only filed on 1st July 2024. However, considering that the property was advertised for auction on 10th July 2024, the court exercised its discretion to grant a temporary injunction restraining the respondents from advertising for sale, auctioning, selling, transferring, disposing, dealing, or interfering with the 2nd applicant's land parcel for a period of 8 days. The court also issued directions for service and response timelines, and set a mention date for further directions.

Court Disposition

Temporary injunction granted for 8 days; application not certified as urgent; directions issued for service and response.

Orders

This application is not certified as urgent.
An order of temporary injunction is hereby issued restraining the Respondents/Defendants, their servants, and/or agents jointly and severally from advertising for sale, auctioning, selling, transferring, disposing, dealing and/or interfering whatsoever with the 2nd Applicant’s land parcel No. Kisumu/Municipality...

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