Ndirangu v Agricultural Finance Corporation & another (Civil Suit E033 of 2023) [2023] KEHC 27233 (KLR) (14 December 2023) (Ruling)

Summary at a glance

Facts

The Plaintiff, Teresia Muthoni Ndirangu, is the registered owner of a 5.4 Ha plot of land. The Agricultural Finance Corporation (1st Defendant) invoked its statutory power of sale and instructed its auctioneers to auction the Plaintiff's property due to a loan facility of Kshs. 1,500,000/= for sugarcane farming. The Plaintiff claims the sale was wrongful and seeks an injunction.

Issues

• Whether the Plaintiff has fulfilled the legal threshold for the grant of a temporary injunction pending the hearing and determination of the suit.
• Whether the sale of the property by the 1st Defendant is subject to irreparable damage.

Reasoning

The Court found that the Plaintiff has fulfilled the legal threshold for the grant of a temporary injunction pending the hearing and determination of the suit. The sale of the property by the 1st Defendant is subject to irreparable damage.

Outcome

The Application for Injunction is allowed.

Orders

• Pending the hearing and determination of this suit an Order of Injunction is issued restraining the 1st and 2nd Defendants from selling or exercising in any manner the Chargee’s Statutory Power of Sale pursuant to the Chargee’s Notice herein or in any manner whatsoever interfering with Plot No. LR No. Kwale/Marenje/78.
• Costs in the Cause.

Remedies

• Injunction

Authorities cited