Benard Kimani Kanyutu v Family Bank Limited & 1 other

Kanyutu v Family Bank Limited & another (Commercial Case E025 of 2025) [2025] KEHC 13758 (KLR) (30 September 2025) (Ruling) Neutral citation: [2025] KEHC 13758 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU COMMERCIAL CASE E025 OF 2025 DO CHEPKWONY, J SEPTEMBER 30, 2025 BETWEEN BENARD KIMANI KANYUTU ............................................................... PLAINTIFF AND FAMILY BANK LIMITED ............................................................... 1ST DEFENDANT INTEGRA AUCTIONEERING COMPANY ................................ 2ND DEFENDANT RULING 1. The Applicant filed Notice of Motion application dated 5th September, 2025 seeking injunctive orders in respect to the parcel of land known as LR Githunguri/Githunguri/1261 pending the hearing of the application and the suit. He sought too costs of the application. 2. The Application was served upon the Respondents and there is an Affidavit of service sworn by John Kairu Kimani on 17th September, 2025 indicating that each of the Respondents were served through their email addresses which confirms service was indeed efiected. 3. The court notes that the Respondents are yet to file any responses to the application and neither have they attended court or sent representation to explain absence and or failure to respond. In view of this, the court proceeds to allow the application dated 5th September, 2025 in the following terms:a. A temporary order of injunction be and is hereby issued restraining the Defendants/ Respondents by their servants, workmen, licensees, agents or any other persons acting on their own behalf or as instructed by the Defendants/ Respondents from interfering, disposing and/ or selling the property referred to as LR Githunguri/Githunguri/1261 pending the hearing and determination of the main suit. b. The costs of the application be in the cause. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13758/eng@2025-09-30 1

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