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Interlocutory ruling granting a temporary injunction against a bank's statutory sale of charged Nairobi land, as the bank failed to prove service of the 40-day Notice to Sell under Section 96(2) of the Land Act.
The High Court dismissed the borrowers' bid to temporarily stop a bank's power-of-sale over their Nairobi apartment, finding no prima facie case under the in duplum rule.
The High Court refused interlocutory and mandatory injunctions restraining a South African wine supplier from ending its Kenyan distributorship, and dismissed a contempt application over unfulfilled purchase orders.
The High Court allowed an application to restrain a bank and auctioneers from selling a family home charged without alleged spousal consent, pending trial, finding a prima facie case and irreparable harm.
The High Court set aside an irregular interlocutory judgment against the 2nd Defendant for want of leave to serve outside Kenya, and maintained status quo orders preserving Letters of Credit pending trial on an arguable fraud claim.
The High Court granted interlocutory injunctions preserving the existing directorship of Apartment Developers Limited, finding a prima facie case on the validity of Board resolutions and a risk of irreparable harm pending trial.
The Environment and Land Court held that an interlocutory status quo order of 4 December 2015 lapsed by effluxion of time under Order 40 Rule 6 CPR 2010, as it was not extended with leave by December 2016.
The High Court issued interim burial-preservation orders in a dispute over control of the deceased’s funeral arrangements, while reserving the widow-status question for later determination.
The High Court refused the borrower's stay and injunction bid pending appeal, declined re-referral to mediation and amendment, and allowed the receiver's application for handover of premises and management.
Gitau (Suing Through His Power of Attorney Veronica Wanjiku Maina) v Rimbere & 4 others (Civil Suit E128 of 2025) [2026] KEHC 12930 (KLR) (Commercial and Tax) (13 August 2026) (Ruling)
The court held that the Plaintiff established a prima facie basis for a derivative action because the dispute concerned alleged unauthorized depletion of company funds by one of two equal directors, creating a deadlock that made internal authorization impracticable. However, the Plaintiff did not meet the threshold for interim injunctive relief because freezing the company’s accounts would paralyze its operations, risk greater prejudice by undermining tax, loan, and contractual obligations, and the alleged loss was quantifiable and recoverable if proven at trial.
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