Andymac Palace Limited v Faulu Microfinance Bank Limited [2017] KEHC 3858 (KLR)
- Court
- High Court of Kenya
- Case number
- 3858
- Citation
- [2017] KEHC 3858 (KLR)
- Decided
- 2 May 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an interlocutory injunction granted by the High Court of Kenya at VoiCoramKasango, Munyao, Mwangi
Holding
The court found that there was no proof of proper service of the Notice under Section 96(2) of the Land Act, and thus allowed the Plaintiff's Notice of Motion application.
Facts
The Plaintiff, Andymac Palace Limited, filed a case against Faulu Microfinance Bank Limited (Defendant) in the High Court of Kenya at Voi. The Plaintiff claimed that the Defendant had failed to properly serve statutory notices, leading to the Defendant's sale of the Plaintiff's properties.
Issues
- Proper service of statutory notices
- Validity of the Defendant's sale of the Plaintiff's properties
Reasoning
The court ruled that the Defendant's Notice of Motion was not properly served, and thus the sale of the Plaintiff's properties was invalid.
Outcome
The court allowed the Plaintiff's Notice of Motion application.
Orders
- A temporary injunction was granted pending the issuance of fresh Notices under Section 96(2) of the Land Act and Notification of Sale under the Auctioneers Rules, 1997 by the Defendant and Auctioneers respectively
Remedies
- Recovery of the Plaintiff's properties
Authorities cited
Legislation (2)
- Land Act
- Civil Procedure Act
Cases cited (2)
- Brade Gate Holdings Limited & Another vs Jamii Bora Bank Limited
- Abdulkadir Shariff Abdirahim vs Ecobank Kenya Limited
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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