Jessicah Atieno George t/a Blooming Agencies v Letshego Kenya Limited & another [2021] KEELC 833 (KLR)
- Court
- Environment & Land Court
- Case number
- 833
- Citation
- [2021] KEELC 833 (KLR)
- Decided
- 18 November 2021
The court transfers the matter to the High Court for hearing and determination as it is a commercial dispute.
Facts
The plaintiff, Jessicah Atieno George, applied for loan facilities from the defendant, Letshego Kenya Limited, which granted the loan. The plaintiff has repaid Kshs. 700,000 and is in arrears of Kshs. 3,300,000. Due to the pandemic, the plaintiff's business was affected, making it difficult to service the loan. The plaintiff requested to pay the remaining amount in installments, but the defendant insisted on selling the property by public auction.
Issues
- Jurisdiction of the court to entertain the commercial dispute
- Right to sell the property by public auction
Reasoning
The court finds that the matter is a commercial dispute and lacks jurisdiction to entertain it, thus transferring the case to the High Court.
Outcome
The matter is transferred to the High Court for hearing and determination.
Orders
- Transfer of the matter to the High Court
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