[2024] KEELC 3849 (KLR)

Source-derived case information.

Citation: [2024] KEELC 3849 (KLR)
Parties: Plaintiff: Boniface Kihiu Kamau; Defendant: Ncba Bank Kenya Plc; Defendant: Jane Nyambura Baiyu; Defendant: Neema Shelters Limited; Defendant: Registrar Of Lands, Nairobi County
Court: Environment and Land Court
Court Station: Environment and Land Court at Nairobi
Jurisdiction: Kenya
Case Number: Environment and Land Case Civil Suit E020 of 2024
Procedural Posture: Civil Suit / Ruling on Interim Injunction Application to Suspend Auction Pending Determination of Main Application
Outcome: Interim injunction granted; auction suspended pending ruling on main application.
Judges: MD Mwangi
Legal Topics: Injunctive Relief, Statutory Notice, Auction of Property, Mortgage Enforcement
Source Language: en

Land and Property Civil Procedure Injunctive Relief Statutory Notice Auction of Property Mortgage Enforcement

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Parties

Boniface Kihiu Kamau

Plaintiff

Ncba Bank Kenya Plc

Defendant

Jane Nyambura Baiyu

Defendant

Neema Shelters Limited

Defendant

Registrar Of Lands, Nairobi County

Defendant

Procedural Posture

Civil Suit / Ruling on Interim Injunction Application to Suspend Auction Pending Determination of Main Application

Legal Issues

1 Whether the auction of the suit property should be suspended pending the determination of the main application dated 22nd January, 2024.
2 Whether proceeding with the auction would render the pending application and proceedings academic.

Ratio Decidendi

The court found that allowing the auction to proceed before the determination of the main application would render the pending proceedings academic and defeat the ends of justice. To preserve the subject matter and ensure the application is determined on its merits, the court exercised its inherent jurisdiction to suspend the auction scheduled for 24th April 2024, pending the ruling on the application dated 22nd January 2024. The court emphasized the need to avoid prejudicing the outcome of the main application and to maintain the status quo until a substantive determination is made.

Court Disposition

Interim injunction granted; auction suspended pending ruling on main application.

Orders

The auction of the suit property scheduled for 24th April 2024 is suspended pending the ruling on the application dated 22nd January 2024.
The matter is set for ruling on 9th May 2024.

Full Case Text

Judgment text and source record

25 paragraphs

Kamau v Ncba Bank Kenya Plc & 3 others (Environment and Land Case Civil Suit E020 of 2024) [2024] KEELC 3849 (KLR) (23 April 2024) (Ruling)

Neutral citation: [2024] KEELC 3849 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Civil Suit E020 of 2024

MD Mwangi, J

April 23, 2024

Between

Boniface Kihiu Kamau

Plaintiff

and

Ncba Bank Kenya Plc

1st Defendant

Jane Nyambura Baiyu

2nd Defendant

Neema Shelters Limited

3rd Defendant

Registrar Of Lands, Nairobi County

4th Defendant

Ruling

(Notice of Motion dated 15th April, 2024 – seeking that the auction of the suit property scheduled for 24th April, 2024 be stopped). 1. In view of the pending ruling in respect to the Notice of Motion application dated 22nd January 2024, I will be deliberately economical with my words in order not to prejudice or embarrass the outcome of the said application.

2. This Court undertook to expedite the hearing of the Plaintiff’s application dated 22nd January, 2024. That was why the Court did not issue any interim orders pending its determination of the application. Unfortunately, the 45 days’ statutory notice issued by the 1st Defendant has expired before the Ruling of the Court on the main application which is scheduled for the 9th May 2024. The 1st Defendant has gone ahead and scheduled an auction of the suit property herein, tomorrow, the 24th of April 2024.

3. If the auction proceeds, the proceedings before the Court in respect of the application dated 22nd January, 2024, will be rendered an academic exercise.

4. To allow the Court time to consider and determine the Application dated 22nd January, 2024, the Court considers it fit and just to suspend the auction scheduled tomorrow to await the ruling of 9th May, 2024. Therefore, this court, exercising its inherent authority, under Sections 3 and 3A of the Civil Procedure Act and Sections 13(7) and 19 of the Environment and Land Court Act, suspends the auction of the suit property scheduled on the 24th of April 2024 awaiting the ruling on the application dated 22nd January, 2024. It is so ordered.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI ON THIS 23RDDAY OF APRIL, 2024. M.D. MWANGIJUDGEIn the virtual presence of:Mr. Tole for the Plaintiff/ApplicantMr. Kabaiko for the 1st Defendant & Interested PartyMs. Muriuki for the 2nd DefendantNo appearance for the 3rd and 4th DefendantsCourt Clerk: YvetteM.D. MWANGIJUDGE

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