Kula & another v Housing Finance Company Limited & another (Civil Case 13 of 2019) [2024] KEHC 9716 (KLR) (1 August 2024) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9716
- Citation
- [2024] KEHC 9716 (KLR)
- Decided
- 1 August 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final orderCoramHFC, Megarry, SM GITHINJI
Holding
A permanent injunction will not be granted as the statutory power of sale was not in violation of Section 90-96 of the Land Act No. 6 of 2012.
Facts
The Plaintiffs applied for a loan of Kshs. 20 million from the Defendant Housing Finance Company Limited, secured by a charge on Plot LR No. 263 Watamu. The Plaintiffs claim a permanent injunction against the proposed public auction of the plot.
Issues
- Whether a permanent injunction may issue in respect of the proposed auction?
- Whether the terms of the Charge were varied by the Deed of Assignment dated 21st November 2011.
Reasoning
The Court found that the Plaintiffs failed to prove that the statutory power of sale was in violation of the Land Act. The Court also noted that the service of the statutory notice was not properly established.
Outcome
The Plaintiffs' application for a permanent injunction was dismissed.
Authorities cited
Legislation (1)
- Land Act No. 6 of 2012
Cases cited (4)
- Malier Unissa Karim v Edward Oluoch Odumbe (2015) eKLR
- Kenya Breweries Ltd=vs= Washington Okeyo (2002) EA 109
- Jay Super Power Cash and Carry Ltd v Nairobi City Council and 20 others CA 111/200
- Locabail International Finance Limited v Agro Export and others (1986) All ER 906
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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