Nicholus Kinyua Mbui v Keysian Auctioneers & another [2017] KEELC 2018 (KLR)
- Court
- Environment & Land Court
- Case number
- 2018
- Citation
- [2017] KEELC 2018 (KLR)
- Decided
- 16 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramB. N. OLAO
Holding
The defendants are directed to comply with all pre-trial directions so that the suit can be heard and determined within the next 12 months
Facts
The plaintiff took a loan of Ksh. 5,500,000 secured by the property MUTIRA/KAGUYU/1887 and was servicing the loan. The defendants, Keysian Auctioneers and Barclays Bank of Kenya Ltd, wish to sell the property without proper notice.
Issues
- Whether the defendants can sell the property without proper notice
- Whether the plaintiff's loan is secured by the property
Reasoning
The defendants had sufficient time to file their responses but did not do so, and no explanation was given.
Outcome
Appeal dismissed
Orders
- The parties are hereby directed to comply with all pre-trial directions so that this suit can be heard and determined within the next 12 months
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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