[2021] KEHC 8349 (KLR)

[2021] KEHC 8349 (KLR)

The court found that the applicant failed to meet the threshold for review of the rulings dated 18.10.2018 and 15.10.2019, as no new and important matter was presented, no error apparent on the face of the record was demonstrated, and no sufficient reason was established. The issues raised had already been canvassed...

Source-derived case information.

Citation
[2021] KEHC 8349 (KLR)
Parties
Plaintiff: Motion City Ltd; Defendant: IDB Capital Ltd; Defendant: Ndutumi Auctioneers
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Civil Suit 3 of 2018
Procedural Posture
Civil Suit / Ruling on Application for Review of Interlocutory Injunction Orders
Outcome
Application for review dismissed; injunction orders extended; costs in the cause.
Legal Topics
Review of Court Orders, Statutory Power of Sale, Injunctions, Debenture Enforcement, Mortgage Litigation, Contempt of Court
Source Language
en
Civil Procedure Banking and Finance Land and Property Review of Court Orders Statutory Power of Sale Injunctions Debenture Enforcement Mortgage Litigation +1 more

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Parties

Motion City Ltd

Plaintiff

IDB Capital Ltd

Defendant

Ndutumi Auctioneers

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Review of Interlocutory Injunction Orders

  1. 1 Whether the conditions for reviewing the court's ruling dated 15.10.2019 have been met by the applicant.
  2. 2 Whether the defendant/applicant's statutory power of sale has crystallized.

Ratio Decidendi

The court found that the applicant failed to meet the threshold for review of the rulings dated 18.10.2018 and 15.10.2019, as no new and important matter was presented, no error apparent on the face of the record was demonstrated, and no sufficient reason was established. The issues raised had already been canvassed and determined in previous rulings, and the application was essentially an attempt to re-litigate matters suitable for appeal, not review. The court further held that the statutory power of sale had not crystallized in favor of the applicant, as the mandatory statutory notices under the Land Act had not been properly served or complied with. The court emphasized the importance...

Court Disposition

Application for review dismissed; injunction orders extended; costs in the cause.

Orders

  • Parties shall take a date within 20 days of this ruling for case conferencing and hearing of the main suit.
  • The rest of the issues shall be raised and addressed during the hearing of this suit.