Martin Juma Naibei v Kenya Commercial Bank Limited & 2 others [2017] KEELC 1397 (KLR)

Facts

The plaintiff allowed a loan facility of Kshs.600,000/= issued by the 1st defendant to the intended 3rd defendant, secured by a legal charge registered over the plaintiff's land. The plaintiff filed an application to enjoin the intended 3rd defendant from disposing of the charged property.

Issues

1. Whether the court has power to enjoin the intended 3rd defendant in the proceedings.
2. Whether the proposed amendments to the plaint would change the nature of the suit.
3. Whether it is just to drag the current defendants through a protracted process involving the intended 3rd defendant.

Reasoning

The court finds no direct involvement of the intended 3rd defendant in the charge or the guarantee, and the proposed amendments would change the nature of the suit. The court cannot grant the application without considering the proposed prayers and the probability of success of such claim against the intended 3rd defendant.

Outcome

Application dismissed