Stephen Mbogo Kariuki v K-Rep Bank Limited [2015] KEHC 4769 (KLR)

Facts

The Plaintiff, Stephen Mbogo Kariuki, claimed that the Defendant, K-Rep Bank Limited, was holding his three titles for sale by private treaty, despite the Plaintiff not disputing the loan. The Plaintiff alleged that the arrears were due to the decline in the hospitality and tourism industry, and that the Bank had refused to release the titles for sale.

Issues

1. Whether the injunctive orders issued by the court in favor of the Plaintiff should be set aside, discharged, or varied.
2. Whether the Plaintiff failed to disclose relevant and material facts to the court regarding the loan and the Bank's decision to exercise its statutory power of sale over the charged property.

Reasoning

The court found that the Plaintiff failed to disclose relevant and material facts to the court, including the existence of a charge and the Bank's decision to exercise its statutory power of sale. The court also noted that the Plaintiff had a ready remedy in damages if the suit property was sold without proper notices.

Outcome

The Plaintiff's application is allowed.

Authorities cited