ORIENTAL COMMERCIAL BANK LTD v KENYA HOTELS LTD [2009] KEHC 2071 (KLR)
- Court
- High Court of Kenya
- Case number
- 2071
- Citation
- [2009] KEHC 2071 (KLR)
- Decided
- 28 August 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplicant seeks leave to sell land registered in respondent's name in exercise of a memorandum of equitable mortgage.CoramL. KIMARU
Holding
The applicant's case for a valid security capable of being enforced by the court is proven, and the applicant is granted leave to sell the suit properties to recover the sum owed.
Facts
Applicant filed suit against respondent seeking to sell land registered in respondent's name. Respondent opposed the suit, arguing the suit was filed contrary to Civil Procedure Rules and the equitable mortgage was defective.
Issues
- Whether the applicant breached the rules of procedure when it filed the suit by originating summons instead of plaint.
- Whether there exists a valid equitable mortgage capable of being enforced by the court
Reasoning
The court found the applicant's case for a valid security capable of being enforced by the court is proven, and the applicant is granted leave to sell the suit properties to recover the sum owed.
Outcome
The applicant is granted leave to sell the suit properties to recover the sum owed.
Orders
- The applicant is granted leave to sell the suit properties to recover the sum of Kshs.69,112,319.17 that was owing as at 9th October 2001 together with the accrued interest at the rate of 22% per annum until payment in full.
Remedies
- Leave to sell the suit properties to recover the sum owed.
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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