Judith Muok Atieno v Barclays Bank of Kenya Ltd [2016] KEELC 1104 (KLR)
- Court
- Environment & Land Court
- Case number
- 1104
- Citation
- [2016] KEELC 1104 (KLR)
- Decided
- 22 January 2016
The court dismissed the defendant's application to strike out the plaintiff's plaint and to discharge the order of temporary injunction. The court found that the defendant had not met the threshold for such relief and that the defendant has not responded to the plaintiff's application for injunction.
Facts
The plaintiff, Judith Muok Atieno, is the wife of Amos OpudoAkech, who is the registered owner of a parcel of land known as LR. No. Kajiado/OlchoroOnyore/5682. The defendant, Barclays Bank of Kenya Ltd, instructed M/s Cash Crop Auctioneers to sell the land for a sum of Kshs.6,995,095.90 due from Akech to the defendant. The plaintiff sought a declaration that the sale was illegal and that the defendant could not exercise its statutory power of sale.
Issues
- Validity of the charge over the suit property
- Spousal consent for the charge
- Sale of the suit property
Reasoning
The court ruled that the issue of spousal consent was not the only issue raised in the plaint and that the other issues must proceed to trial. The court also stated that the defendant's prayer seeking the discharge of the order of temporary injunction has no merit as the defendant has not responded to the plaintiff's application for injunction.
Outcome
The defendant's application was dismissed with costs to the plaintiff.
Orders
- Interim injunction restraining the sale of the suit property pending the hearing of the application inter partes
- Order extended until the hearing of the injunction application inter partes
Remedies
- Declaration that the sale of the suit property is illegal
- Declaration that the defendant cannot exercise its statutory power of sale over the suit property
- Injunction to restrain the defendant from exercising its statutory rights under the Charge over the suit property
Authorities cited
Legislation (2)
- Land Act, 2012
- Banking (Amendment) Act, 2006
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