ESTHER ACHIENG JUMA v CO-OPERATIVE BANK OF KENYA LTD & 2 Others [2012] KEHC 1888 (KLR)
- Court
- High Court of Kenya
- Case number
- 1888
- Citation
- [2012] KEHC 1888 (KLR)
- Decided
- 17 October 2012
The court does not strike out the suit and it shall proceed for hearing.
Facts
The petitioner is the registered owner of a property in Nairobi, which she claims is her matrimonial home. She is seeking a declaration that the sale of the property violates her constitutional rights to adequate housing and the best interest of her children. The respondent, a cooperative bank, holds the property as security and seeks to sell it. The petitioner's husband filed a separate suit seeking to restrain the sale.
Issues
- Petitioner's right to adequate housing and the best interest of her children
- Sale of the property as security by the respondent
Reasoning
The court considers the facts and agrees that the matter constitutes a separate cause of action, as it seeks to enforce fundamental rights and freedoms which can only be agitated in the High Court.
Outcome
The petition and application are not dismissed.
Orders
- Injunction pending further orders of the court
- Injunction restraining the sale by public auction
Remedies
- Declaration that the sale violates the petitioner's right to adequate housing and the best interest of her children
- Resettlement of the petitioner and her family if the property is sold
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