GESA BUILDING AND CIVIL ENGINEERING LTD V. GEORGE NGURE CHIRA & EQUITY BANK LIMITED

JUDGMENT OF THE COURT

An order of injunction will issue where the applicant proves, inter alia, that the respondent is about to commit a breach of contract or other injury of any kind. See: Order 40 of the Civil Procedure Rules.

In this appeal, the respondent issued a notice under the since repealed Registered Land Act warning the appellants of its intention to exercise statutory power of sale on the ground that the appellants had defaulted in servicing an overdraft facility of Kshs. 7,000,000 advanced to it by the latter on 28^th November, 2008; that at the time the statutory notice was issued, the appellants owed to it Kshs. 6,620,953.28.

Upon receipt of the notice, the appellants, believing that the respondent was about to commit a breach of contract moved the High Court by a plaint. At the same time they applied, pursuant to the provisions of Order 40 aforesaid to restrain the respondent by an order of injunction from repossessing and disposing in a public auction or by any other mean…