PA v Stima Sacco Society Limited & 2 others (Civil Case 199 of 2018) [2022] KEHC 294 (KLR) (Commercial and Tax) (28 April 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 294
- Citation
- [2022] KEHC 294 (KLR)
- Decided
- 28 April 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramWA OKWANY
Holding
The charge against the suit property is null and void due to the plaintiff's lack of consent.
Facts
PA sued Stima Sacco Society Limited and two others for an injunction to prevent them from selling the suit property, a declaration that the charge against the property is null and void, and other remedies.
Issues
- Validity of the charge against the suit property
- Plaintiff's consent to the charge
- Defendants' reliance on spousal consent
Reasoning
The court found that the plaintiff's consent was required for the charge to be valid, and the defendants did not obtain it.
Outcome
Appeal upheld, injunction granted
Orders
- A permanent injunction restraining the defendants from selling the suit property
- The legal charge over the property is null and void
- General damages awarded
- Costs of the suit awarded
Remedies
- Permanent injunction
- General damages
- Costs of the suit
Authorities cited
Legislation (3)
- Land Registration Act 2012
- Land Act 2012
- Matrimonial Property Act
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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