FOUR FARMS LIMITED v AGRICULTURAL FINANCE CORPORATION [2009] KEHC 1078 (KLR)
- Court
- High Court of Kenya
- Case number
- 1078
- Citation
- [2009] KEHC 1078 (KLR)
The Court restrained the defendant from selling, auctioning, repossessing, foreclosing, alienating, or interfering with the land until the final hearing and adjudication of the suit.
Facts
The plaintiff, Four Farms Limited, borrowed money from the defendant, Agricultural Finance Corporation, for agricultural activities on the land. The defendant took a charge on the land, and the plaintiff fell into arrears with loan repayments. The parties agreed to subdivide and sell the charged land, but the defendant failed to provide accounts for the monies realized from the sales.
Issues
- Whether the defendant can sell, auction, or repossess the land until the final hearing of the suit.
- Whether the defendant's conduct in selling the land and failing to provide accounts is unlawful.
Reasoning
The Court found that the defendant's conduct was unlawful and that the plaintiff is the registered owner of the land.
Outcome
The defendant was restrained from interfering with the land until the final hearing.
Orders
- The defendant is restrained from selling, auctioning, repossessing, foreclosing, alienating, or interfering with the land until the final hearing and adjudication of the suit.
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