Asha Kamene Salim v Mwanainchi Credit Limited & another [2021] KEELC 83 (KLR)
- Court
- Environment & Land Court
- Case number
- 83
- Citation
- [2021] KEELC 83 (KLR)
- Decided
- 2 December 2021
The court finds merit in the Plaintiff's application and allows it with costs, finding that the 1st Defendant failed to serve the mandatory 3 months statutory notice prescribed under Section 90(2) of the Land Act 2012.
Facts
Asha Kamene Salim applied for an injunction restraining Mwanainchi Credit Limited and Mistan Auctioneers from selling two parcels of land (Kilifi 9122/401 and Kilifi 9122/402) situated within Kilifi County. The Plaintiff claimed these lands were secured by a charge over them, and she had been servicing the loan in accordance with the lending contract.
Issues
- Jurisdiction of the court
- Statutory notice for sale
Reasoning
The court ruled that the 1st Defendant's failure to serve the mandatory 3 months statutory notice prescribed under Section 90(2) of the Land Act 2012 rendered the acts of exercising the statutory power of sale unlawful.
Outcome
The application is allowed with costs.
Orders
- Order for Injunction
Remedies
- Costs
Authorities cited
Legislation (3)
- Land Act No. 6 of 2012
- Civil Procedure Act Cap 21 Laws of Kenya
- Environment and Land Court Act No. 19 of 2011
Cases cited (1)
- Co-operative Bank Limited -vs- Patrick Kang'ethe Njuguna and 5 Others (2017) eKLR
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