APOLLO ONYANGO NJAGO & ANOTHER V SAVINGS & LOAN KENYA LIMITED [2012] KEHC 1852 (KLR)
- Court
- High Court of Kenya
- Case number
- 1852
- Citation
- [2012] KEHC 1852 (KLR)
- Decided
- 28 September 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramOchieng
Holding
The plaintiffs' application is dismissed with costs to the defendant.
Facts
The plaintiffs, Apollo Onyango Njago and Eunice Judith Owiti, filed a suit against the defendant, Savings & Loan Kenya Limited, alleging that the defendant advertised the plaintiffs' land without serving the statutory notice.
Issues
- Whether the defendant's advertisement of the plaintiffs' land without serving the statutory notice was wrongful and unlawful.
- Whether the plaintiffs are entitled to a permanent injunction restraining the defendant from selling, advertising for sale, transferring or interfering with the plaintiffs' occupation and ownership of the suit premises.
- Whether the plaintiffs are entitled to damages, interest and other remedies.
Reasoning
The court held that the plaintiffs did not deny taking the loan, defaulting, or receiving the statutory notice. The statutory notice was clear and unambiguous, and the defendant should realize the security to recover the disbursed amount.
Outcome
Appeal dismissed
Orders
- Application dismissed with costs to the defendant.
Authorities cited
Cases cited (1)
- Moses Ngenye Kahindo v Agricultural Finance Corporation, HCCC No. 1044 of 2001 (UR) Ochieng, J
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