Mathew Kiprono v Consolidated Bank of Kenya & another [2019] KEHC 6489 (KLR)
- Court
- High Court of Kenya
- Case number
- 6489
- Citation
- [2019] KEHC 6489 (KLR)
- Decided
- 6 June 2019
The court found that the defendants failed to comply with their statutory obligations with regards to the notice of sale under section 90 and 96 of the Land Act and the auctioneer’s rules.
Facts
The plaintiff, Mathew Kiprono, applied for a loan of Kshs. 1,000,000 from the defendant, Consolidated Bank of Kenya, to secure the suit land. The loan was to be used for a contract awarded by the County Government of Nandi. The bank failed to make payments, and the plaintiff applied for a temporary injunction to prevent the defendants from interfering with his possession/ownership of the land.
Issues
- Whether the Applicant has a Prima Facie case
- Whether the applicant stands to suffer irreparable loss
- Balance of convenience
Reasoning
The court determined that the defendants did not serve the statutory notice as required under Sections 90(1) and 90(2)(b) of the Land Act 2012, and that a notice to sell was not served as required under Section 96(2) and (3) of the Land Act.
Outcome
The court granted the application for a temporary injunction.
Orders
- Temporary injunction restraining the defendants from interfering with the plaintiff's possession/ownership of the suit land
Remedies
- Temporary injunction
Authorities cited
Legislation (2)
- Land Act 2012
- Auctioneers Rules
Cases cited (1)
- Nyangilo Ochieng' & Another vs Kenya Commercial Bank
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