VG Patel & Sons Limited v Ombasa, The Liquidation Agent, Middle Africa Finance Company Limited (In Liquidation) & another (Environment & Land Case E017 of 2021) [2023] KEELC 19211 (KLR) (28 July 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 19211
- Citation
- [2023] KEELC 19211 (KLR)
- Decided
- 28 July 2023
Summary at a glance
TypeInjunctionPostureAppeal from a previous rulingCoramJO OLOLA
The suit is struck out as it was filed without the court's leave, and the plaintiff failed to seek leave under the Kenya Deposit Insurance Act.
Facts
The plaintiff, VG Patel & Sons Limited, sought an injunction against the defendants, John Masega Ombasa (as Liquidation Agent of Middle Africa Finance Company Limited) and Peter Njoroge Gichuki, to prevent them from advertising, offering, selling, or transferring certain properties.
Issues
- Jurisdiction of the Environment and Land Court
- Requirement of leave to commence suit under Kenya Deposit Insurance Act
Reasoning
The court ruled that the suit was fatally defective due to the plaintiff's failure to seek leave under the Kenya Deposit Insurance Act before filing the suit. The court emphasized the need for leave to commence a suit against an institution under liquidation.
Outcome
The suit is struck out with costs awarded to the 1st defendant.
Authorities cited
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