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Nicholus Kinyua Mbui v Keysian Auctioneers & another [2017] KEELC 2018 (KLR)

[2017] KEELC 2018 (KLR) Environment & Land Court
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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

  1. Whether the defendants can sell the property without proper notice
  2. 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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