Rose Kinya Munyua & 4 others v United Stars Sacco Ltd & another [2018] KEELC 4784 (KLR)

Summary at a glance

Facts

The Plaintiffs claim that the land is matrimonial property and that they are willing to pay off the loan. The 1st Defendant claims that the land was charged due to unpaid loan and that they have the right to sell it if the loan is paid.

Issues

• Whether the land is matrimonial property
• Whether the Plaintiffs stand to suffer irreparable damage if the land is sold
• Whether the 1st Defendant is interested in selling the land if the loan is paid

Reasoning

The court finds that the Plaintiffs have not established a prima facie case that the land is matrimonial property and that they stand to suffer irreparable damage. However, the balance of convenience favours the Plaintiffs due to the Plaintiffs' commitment to pay the loan.

Outcome

Application allowed

Orders

• Restraining the Defendants from selling the land for 8 months
• Directing the 1st Defendant to provide the loan account details
• Condemning the Plaintiffs to pay costs

Remedies

• Restraining the sale of the land for 8 months
• Requiring the 1st Defendant to provide the loan account details
• Condemning the Plaintiffs to pay costs

Authorities cited