Nahshon Ototo Moturi t/a Migori Flour Mills v Kenya Industrial Estates Limited [2014] KEHC 243 (KLR)
- Court
- High Court of Kenya
- Case number
- 243
- Citation
- [2014] KEHC 243 (KLR)
- Decided
- 19 December 2014
The court dismissed the plaintiff's application for a temporary injunction, finding that the plaintiff had not established a prima facie case and that the doctrine of estoppel was not applicable.
Facts
The plaintiff, Nahshon Ototo Moturi, brought a suit against the defendant, Kenya Industrial Estates Limited, seeking a declaration that he has fully repaid a loan and an order for the discharge of a charge over the suit property. The plaintiff also sought a temporary injunction to restrain the defendant from selling the property. The defendant opposed the application, claiming that the plaintiff had not fully settled his loan accounts.
Issues
- Whether the plaintiff has fully repaid the loan and discharged the charge over the suit property
- Whether the plaintiff's application for a temporary injunction was properly made
Reasoning
The court found that the plaintiff had not provided evidence that the payment of KShs. 586,826 on 9 January 2012 was in full and final settlement of his two loan accounts. The court also ruled that the doctrine of estoppel could not be used by the plaintiff.
Outcome
The plaintiff's application for a temporary injunction was dismissed.
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