BANK OF INDIA LIMITED v PRIME BANK LIMITED & 2 others [2008] KEHC 895 (KLR)
- Court
- High Court of Kenya
- Case number
- 895
- Citation
- [2008] KEHC 895 (KLR)
- Decided
- 29 August 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneousPostureApplication for withdrawal of caveat and registration of chargeCoramJOYCE N. KHAMINWA
Holding
Application dismissed with costs
Facts
The plaintiff sought orders for withdrawal of a caveat entered on 30/1/2006 against Plot No.L.R.209/5098 IR 14496 and registration of a charge dated 30th December 2005 over that land in favour of the applicant.
Issues
- Priority of caveat registration over charge creation
- Validity of subsequent caveat registration
Reasoning
The subsequent caveat registration was illegal as it was prohibited by the earlier caveat. The priority demands that the document (caveat registered as IR No.14496/18) shall subsist and no orders can be granted under prayer (ii), and (iii).
Outcome
Dismissed with costs
Authorities cited
Legislation (2)
- Registration of Titles Act, Cap.281
- Government Lands Act, Cap.280
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.
Loading judgment…