J M K v Housing Finance Company of Kenya Limited [2018] KEELC 4686 (KLR)
- Court
- Environment & Land Court
- Case number
- 4686
- Citation
- [2018] KEELC 4686 (KLR)
The court denied the Plaintiff's request for an injunction, finding that the Plaintiff has admitted her indebtedness and that she has not come to court with clean hands. The court also noted that statutory notices were served and that the Defendant has conducted a valuation of the properties.
Facts
The Plaintiff charged two parcels of land (NGONG/NGONG/14666 and NGONG/NGONG/2725) to secure loans with the Defendant. The Defendant has been collecting rental income from the suit premises. The Plaintiff claims statutory notices were not served and that minors are not part of the transaction.
Issues
- whether statutory notices were issued to the Plaintiffs before Defendant exercised its statutory power of sale
- whether the Defendant furnished the Plaintiffs with statement of accounts
- whether the Plaintiff is entitled to an injunction
Reasoning
The court ruled against the Plaintiff, stating that she has admitted her indebtedness and that she has not come to court with clean hands. The court also noted that statutory notices were served and that the Defendant has conducted a valuation of the properties.
Outcome
Denied
Authorities cited
Legislation (2)
- Land Act
- Civil Procedure Rules
Cases cited (1)
- LABELLE INTERNATIONAL LTD. AND ANOTHER – VS – FIDELITY COMMERCIAL BANK & ANOTHER
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