Simon Kipkoech Kwambai v Sidian Bank Limited & another [2018] KEELC 1864 (KLR)
- Court
- Environment & Land Court
- Case number
- 1864
- Citation
- [2018] KEELC 1864 (KLR)
The application for temporary injunction is dismissed with costs. The court finds that the sale of the property is not illegal due to the concurrent issuance of the sale and redemption notices, and the defendant is capable of compensating the plaintiff.
Facts
The plaintiff, Simon Kipkoech Kwambai, owns land parcel Tembelio/Elgeyo Border Block 1(Kapkei) 44, which is his matrimonial home. Sidian Bank Limited and John Muita T/A Jomuki Auctioneers advertised the property for sale by public auction on 9th October, 2017, but failed to attract a bidder. The plaintiff claims the sale is illegal due to the lack of a valid redemption notice and the concurrent issuance of the sale and redemption notices.
Issues
- Validity of the sale of the matrimonial property
- Procedural compliance with the Auctioneers Rules
Reasoning
The court rules that the sale of the property is not illegal due to the concurrent issuance of the sale and redemption notices, and the defendant is capable of compensating the plaintiff. The court dismisses the application for temporary injunction.
Outcome
Application dismissed
Authorities cited
Legislation (3)
- Civil Procedure Act
- Registered Lands Act
- Land Act, 2012
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