Mango v Stanbic Bank Kenya Ltd & another (Civil Appeal (Application) E481 of 2024) [2025] KECA 192 (KLR) (7 February 2025) (Ruling)

Facts

The applicant, Alfred Ogalo Mango, sought a temporary injunction against the respondents, Stanbic Bank Kenya Ltd and Amina Mohamed, to prevent them from evicting him from Apartment No. 5 on the 3rd Floor of Block B erected on L.R. 2/713. The property had been transferred to the 2nd respondent, Amina Mohamed, following a public auction. The applicant had previously approached the 1st respondent for loan facilities, which were secured by charges over the property. The loan facilities had not been paid, and the 1st respondent had sold the property in a public auction to recover the monies due.

Issues

1. Whether the learned Judge erred in finding that the applicant had failed to service the loan
2. Whether the 1st respondent failed to serve the applicant with statutory notices
3. Whether the 2nd respondent failed to pay the 10% deposit required for the auction
4. Whether the transfer of the property to the 2nd respondent was irregular and fraudulent

Reasoning

The Court found that the applicant had not demonstrated an arguable appeal as he had conceded that he defaulted in the repayment of the loan facility. The trial court had properly found that all statutory notices had been served and that there was a properly conducted public auction.

Outcome

Application dismissed with costs