Florence Khayanga Musanga v Transnational Bank Ltd & another [2020] KECA 36 (KLR)

Facts

The applicant filed a suit against the respondents seeking an order of injunction to restrain them from advertising, selling, and transferring a parcel of land known as Uasin Gishu/ Kimumu Scheme/1655. The applicant challenged the 1st respondent's exercise of the chargee's power of sale on the grounds that she was not served with a notice of variation of interest charged to her loan account, that the 1st respondent did not notify her spouse of the charge, and did not indicate the value of the land and the reserve price.

Issues

1. Whether the applicant had established a prima facie case
2. Whether the applicant would suffer irreparable harm if the injunction was not granted

Reasoning

The applicant failed to prove a prima facie case or that there would be irreparable loss. The learned Judge found that the said notices were issued and that the applicant did not dispute having taken the loan and failing to pay it as per the charge save for the interest charged.

Outcome

Dismissed

Authorities cited