Richard Kitsao William & 2 others v Standard Chartered Bank (K) Ltd [2019] KEELC 3167 (KLR)
- Court
- Environment & Land Court
- Case number
- 3167
- Citation
- [2019] KEELC 3167 (KLR)
- Decided
- 29 May 2019
The application for interlocutory injunction is dismissed as the Plaintiffs did not establish a prima facie case and the Defendant had the right to sell the land parcels after issuing statutory notices.
Facts
The Plaintiffs, Richard Kitsao William and Juliana Changa Jacob, applied for an injunction restraining the Defendant, Standard Chartered Bank (K) Ltd, from selling, disposing, or alienating the land parcels of the 3rd Plaintiff, Universal Plastic Limited. The Plaintiffs claimed the Defendant had not issued statutory notices and that they were facing challenges in paying the outstanding loan due to political instability in South Sudan.
Issues
- Whether the Plaintiffs had a prima facie case for an interlocutory injunction
- Whether the Defendant had the right to sell the land parcels after issuing statutory notices
Reasoning
The Court found that the Plaintiffs did not have a valid prima facie case for an interlocutory injunction. The Defendant had served the Plaintiffs with statutory notices and the Plaintiffs had admitted their indebtedness. The sale of the land parcels by auction was therefore valid.
Outcome
The application for interlocutory injunction is dismissed.
Orders
- The Defendant is granted the cost of the application.
Authorities cited
Legislation (1)
- Land Act 2012
Cases cited (2)
- Giella –vs- Cassman Brown & Company Ltd(1973) EA 358
- Mrao Ltd –vs- First American Bank Ltd & 2 Others
Loading judgment…