Electrical Marketing (Wholesale) Ltd v Nairobi City County & 2 others [2019] KEELC 1982 (KLR)

Facts

The Appellant, Electrical Marketing (Wholesale) Ltd, sought a prohibition order to restrain dealings with land reference number 209/8323 (the Suit Property) and the setting aside of the orders made on 30/8/2011 for the sale of the Suit Property by public auction. The Appellant contended that there was no proper service of the proceedings before the sale of the Suit Property and that the Appellant was placed under receivership on 19/6/2006 yet the receiver manager was not involved in the proceedings.

Issues

1. No proper service on the Appellant
2. Proceedings taken before judgment were irregular and unprocedural
3. Sale of the Appellant's parcel of land was undervalued

Reasoning

The court found that the service effected by the process server was proper and provided for under Section 17 (4) (b) of the Rating Act. The court also found that the sale of the Suit Property was not undervalued, but the court was satisfied that there were material irregularities and fraud in the conduct of the sale.

Outcome

The judgement of Hon. M. W. Njagi, First Class Magistrate at Nairobi City Court delivered on 29/5/2017 in Civil Suit Number 3 of 2011 and all consequential orders are hereby set aside.

Authorities cited