SALIM WANYONYI MACHIO v HOUSING FINANCE CO.OF KENYA LTD [2007] KEHC 461 (KLR)
- Court
- High Court of Kenya
- Case number
- 461
- Citation
- [2007] KEHC 461 (KLR)
- Decided
- 10 July 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramKABURU BAUNI
Holding
The court dismissed the application and the suit.
Facts
The plaintiff/applicant had a loan of Shs.1,600,000/=. He started repaying the loan but fell in arrears. The defendant, Housing Finance Co. of Kenya Ltd., exercised its power of sale under S. 74 of the Registered Land Act (Cap 300). The plaintiff filed a suit seeking a declaration that all charges are not enforceable, an order to recalculate the account without unlawful charges, an injunction, and costs.
Issues
- Enforceability of charges
- Recalculation of account
- Injunction against sale
- Payment of costs
Reasoning
The court found that the plaintiff had not defaulted and had paid all arrears. The charges and penalties were not unlawful.
Outcome
Appeal dismissed
Orders
- Injunction against sale of the land until the suit is heard and determined
Authorities cited
Legislation (1)
- Registered Land Act (Cap 300)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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