Reymark Investments Limited v Family Bank Limited & another [2018] KEELC 3772 (KLR)

Facts

The Plaintiff/Applicant, Reymark Investments Limited, is the registered proprietor of a parcel of land in Kiambu Town, Kiambu County. The 1st Defendant, Family Bank Limited, and the 2nd Defendant, George Njoroge Muiruri T/A Leaky’s Auctioneers, planned to sell the property through an auction. The Plaintiff/Applicant claims that the Defendants/Respondents failed to disclose the valuation and forced sale valuation, which were significantly lower than the Plaintiff’s own valuation.

Issues

1. Whether the Defendants/Respondents breached their duty of care under Section 97(2) of the Land Act by not disclosing the valuation and forced sale valuation.
2. Whether the Plaintiff/Applicant’s Notice of Motion application should be granted to restrain the Defendants/Respondents from selling the property pending further orders of the court.

Reasoning

The Court holds that the Plaintiff/Applicant is in arrears and that the necessary orders are to disallow the instant application and prevent abuse of the court process.

Outcome

The Plaintiff/Applicant’s Notice of Motion application is dismissed entirely with costs to the 1st Defendant.

Authorities cited