Daniel Kiplagat Bor v Agricultural Finance Corporation [2005] KEHC 1561 (KLR)

Facts

The plaintiff obtained two loan facilities from the defendant, but failed to repay them. The defendant claims the plaintiff defaulted and created a charge over the subject property. The plaintiff filed a suit for an injunction and other reliefs, but the court found the plaint did not disclose a reasonable cause of action.

Issues

1. Whether the plaintiff's suit disclosed a reasonable cause of action against the defendant
2. Whether the plaintiff's claim for an injunction was valid

Reasoning

The court notes the plaintiff admitted indebtedness and the creation of a charge over the subject property, but did not seek to declare the charge null and void or discharge it. The court finds the suit is bad in law and does not disclose any cause of action.

Outcome

The plaint is struck off and the suit dismissed with costs.