Beatrice Chelangat Rop & another v Housing Finance Company of Kenya Ltd [2006] KEHC 2960 (KLR)

Facts

The plaintiffs filed an application for an interlocutory injunction against the defendant, Housing Finance Company of Kenya Ltd, to restrain the defendant from selling, alienating, disposing of or interfering with the plaintiffs' residential premises. The plaintiffs claimed the defendant had hindered them from repaying the mortgage and had fettered their equity of redemption.

Issues

1. Whether the plaintiffs have established a prima facie case for an interlocutory injunction.
2. Whether the defendant's exercise of its power of sale as a chargee is lawful and without estoppel.

Reasoning

The court found that the plaintiffs had not established a prima facie case for an interlocutory injunction. The plaintiffs were not prevented from redeeming the property and had been duly notified. The court dismissed the application.

Outcome

Application dismissed

Authorities cited