EMILY CHONGE WANYAMA v K-REP BANK OF KENYA & another [2012] KEHC 2398 (KLR)
- Court
- High Court of Kenya
- Case number
- 2398
- Citation
- [2012] KEHC 2398 (KLR)
- Decided
- 31 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land CasePostureApplication for Temporary InjunctionCoramA. O. MUCHELULE
Holding
The application has no merit and is dismissed.
Facts
The 2nd Defendant sold a 50ft x 100ft plot to the Plaintiff for Ksh.70,000/= in 2002. The 2nd Defendant used the title (2737) as security for a loan of Ksh.500,000/= in 2008. The Plaintiff filed a suit seeking to permanently restrain the Defendants from selling the suit land.
Issues
- Whether the Plaintiff has a prima facie case to challenge the charge on account of fraud.
- Whether the Plaintiff can question the 1st Defendant's right to exercise its power of sale as a chargee.
Reasoning
The 1st Defendant is a bank and the Plaintiff cannot challenge the 1st Defendant's right to exercise its power of sale as a chargee. The Plaintiff does not have a prima facie case with a probability of success.
Outcome
Application dismissed
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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