Kenya Commercial Bank v David Kiprono Ruto [2005] KEHC 2051 (KLR)
- Court
- High Court of Kenya
- Case number
- 2051
- Citation
- [2005] KEHC 2051 (KLR)
- Decided
- 13 May 2005
The appeal is dismissed with no order as to costs. The Deputy Registrar is directed to forward the subordinate court's file to Kericho Principal Magistrate's court so that the suit may be heard and determined expeditiously by that court.
Facts
David Kiprono Ruto was employed by Kenya Commercial Bank as a clerical staff. He applied for financial facilities and pledged his title number KERICHO/KIPCHIMCHIM/2840 as security. The loan was converted to public section after his resignation, prompting the bank to issue a notice to repay the outstanding loan. Ruto filed a suit for an injunction to restrain the bank from selling his land.
Issues
- Whether the trial court erred in granting an order of injunction.
- Whether the statutory power of sale vested in the appellant had arisen.
Reasoning
The trial court did not consider the principles of injunction set out in GIELLA VS CASSMAN BROWN Supra. The notice issued by the appellant in which a copy has been annexed to the affidavit of the Respondent does not comply with the provisions of S. 74 (1) of the Registered Land Act.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with no order as to costs.
- The Deputy Registrar is directed to forward the subordinate court's file to Kericho Principal Magistrate's court so that the suit may be heard and determined expeditiously by that court.
Authorities cited
Legislation (2)
- Registered Land Act Cap. 300 Laws of Kenya
- Section 74 of the Registered Land Act
Cases cited (1)
- GIELLA VS CASSMAN BROWN (1973) E.A. 358
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