Joseph Muruka v National Bank of Kenya Limited [2015] KEHC 1710 (KLR)
- Court
- High Court of Kenya
- Case number
- 1710
- Citation
- [2015] KEHC 1710 (KLR)
- Decided
- 29 October 2015
The court granted the temporary injunction restraining the bank from selling the property by public auction or private treaty pending the hearing and determination of the suit.
Facts
The plaintiff, Joseph Muruka, approached the court seeking a temporary injunction to restrain the defendant, National Bank of Kenya Limited, from selling his property by public auction or private treaty. The plaintiff claims the bank advertised the property for sale in violation of the Land Act, 2012, and that he was not given an opportunity to redeem the charged property at a market value.
Issues
- Bank's advertisement of property for sale
- Plaintiff's right to redeem the property
- Market value of the property
Reasoning
The court found that the bank's advertisement of the property for sale violated the Land Act, 2012, and that the plaintiff was not given an opportunity to redeem the property at a market value.
Outcome
Granted Temporary Injunction
Orders
- Temporary Injunction
Authorities cited
Legislation (2)
- Land Act 2012
- Civil Procedure Rules
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