Mturi & another v Diamond Trust Bank Limited & another (Case E009 of 2025) [2025] KEHC 18572 (KLR) (16 December 2025) (Ruling)

Mturi & another v Diamond Trust Bank Limited & another (Case E009 of 2025) [2025] KEHC 18572 (KLR) (16 December 2025) (Ruling)

The bank's statutory notices and notifications of sale misrepresented the amount due and owing after the auction of another charged property, thus failing to comply with section 90 of the Land Act. This non-compliance establishes a prima facie case for the applicants. Where statutory requirements are not met, the court can intervene to restrain the sale, even if damages are ascertainable. The application for temporary injunction is allowed to prevent an unlawful auction.

Citation
[2025] KEHC 18572 (KLR)
Parties
1st Plaintiff: Jonathan Daniel Mturi; 2nd Plaintiff: Patience Sikukuu Mturi; 1st Defendant: Diamond Trust Bank Limited; 2nd Defendant: Stephen Karanja Kangethe t/a Dalali Auctioneers
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 December 2025
Case Number
Case E009 of 2025
Procedural Posture
Civil (injunction Application) / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application allowed
Legal Topics
Statutory Power of Sale, Temporary Injunctions, Service of Statutory Notices, Auctioneers Rules, Right to Property
Source Language
English
Land Law Banking Law Civil Procedure Statutory Power of Sale Temporary Injunctions Service of Statutory Notices Auctioneers Rules Right to Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Jonathan Daniel Mturi

1st Plaintiff

Patience Sikukuu Mturi

2nd Plaintiff

Diamond Trust Bank Limited

1st Defendant

Stephen Karanja Kangethe t/a Dalali Auctioneers

2nd Defendant

Procedural Posture

Civil (injunction Application) / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the statutory notices and notifications of sale issued by the bank complied with section 90 of the Land Act
  2. 2 Whether the applicants have established a prima facie case for grant of a temporary injunction
  3. 3 Whether the applicants will suffer irreparable harm if the injunction is not granted

Ratio Decidendi

The bank's statutory notices and notifications of sale misrepresented the amount due and owing after the auction of another charged property, thus failing to comply with section 90 of the Land Act. This non-compliance establishes a prima facie case for the applicants. Where statutory requirements are not met, the court can intervene to restrain the sale, even if damages are ascertainable. The application for temporary injunction is allowed to prevent an unlawful auction.

Court Disposition

Application allowed

Orders

  • Temporary injunction issued restraining the defendants, their agents, or servants from carrying out a public auction of the property known as L.R. (Original No. 67Rev/493), Subdivision No. 1202, Section 1, Mainland North Mombasa, pending hearing and determination of the suit.
  • Temporary injunction issued restraining the defendants, their agents, or servants from trespassing on, disposing, alienating, interfering or dealing with the property pending hearing and determination of the suit.