Joyce Nancy Kabiru v Faulu Micro-Finance Bank Limited & 2 others [2017] KEELC 2008 (KLR)
- Court
- Environment & Land Court
- Case number
- 2008
- Citation
- [2017] KEELC 2008 (KLR)
- Decided
- 16 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous judgmentCoramB. N. OLAO
Holding
The court dismissed the plaintiff's motion and ordered the release of the deposited sum.
Facts
The plaintiff, Joyce Nancy Kabiru, sought a declaration that the defendant, Faulu Micro-Finance Bank Limited, had infringed her rights by not allowing her to sell her suit land to repay a loan. The plaintiff also sought damages for the value of the land.
Issues
- Whether the plaintiff has established a prima facie case
- Whether damages are an adequate remedy
Reasoning
The court found that the plaintiff had defaulted in her repayment obligations and that damages were an adequate remedy.
Outcome
The plaintiff's motion was dismissed with costs to the defendants.
Orders
- The plaintiff's Notice of Motion dated 2nd November 2016 is dismissed with costs to the 1st and 3rd defendants.
- The sum of Ksh. 1,065.092.00 deposited by the plaintiff on 17th November 2016 be released to her forthwith.
Remedies
- Damages
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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