Solomon Mahugu Muriithi v Kenya Industrial Estates Ltd [2018] KEELC 3473 (KLR)
- Court
- Environment & Land Court
- Case number
- 3473
- Citation
- [2018] KEELC 3473 (KLR)
The application is allowed in terms of prayer (iii). The court declines to allow the defendant to proceed with the sale of the land before the hearing and conclusion of the suit.
Facts
The plaintiff, Solomon Mahugu Muriithi, filed a suit seeking to permanently restrain the defendant, Kenya Industrial Estates Ltd, from selling a parcel of land known as LR. No. Tetu/Kiriti/373. The plaintiff claimed he had fully repaid a loan and was entitled to a statement from the defendant regarding the amount claimed.
Issues
- Whether the plaintiff's claim to the land was valid
- Whether the defendant could proceed with the sale of the land pending the resolution of the dispute
Reasoning
The court considers the plaintiff has substantially met his obligations to the defendant, having paid the principal loan and a substantial portion of the interest and other attendant charges. The court exercises its discretion under Section 104(4) of the Land Act to decline to allow the sale before the dispute is resolved.
Outcome
Application allowed
Orders
- Temporary injunction to restrain the defendant from selling the suit property on 27th February, 2017 till the hearing and determination of the suit
Remedies
- Costs of the application shall abide the outcome of the suit
Authorities cited
Legislation (1)
- Land Act, 2012
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