Wanjiru & another v Access Bank (Kenya) PLC & another (Commercial Suit E501 of 2025) [2026] KEHC 5976 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

Wanjiru & another v Access Bank (Kenya) PLC & another (Commercial Suit E501 of 2025) [2026] KEHC 5976 (KLR) (Commercial and Tax) (30 April 2026) (Ruling)

The Plaintiffs established a prima facie case as the Defendants failed to strictly prove service of mandatory statutory notices under Sections 90 and 96 of the Land Act, rendering the intended sale unlawful; thus, an interlocutory injunction restraining the sale of the charged property is warranted pending determination of the suit.

Citation
[2026] KEHC 5976 (KLR)
Parties
1st Plaintiff/applicant: Dorcas Wanjiru; 2nd Plaintiff/applicant: Algarve Distributors Limited; 1st Defendant/respondent: Access Bank (Kenya) PLC; 2nd Defendant/respondent: Watts Auctions
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Commercial Suit E501 of 2025
Procedural Posture
Commercial Suit / Ruling on Interlocutory Injunction Application
Outcome
Interlocutory injunction granted
Legal Topics
Injunctions, Statutory Power of Sale, Loan Security, Service of Statutory Notices, Matrimonial Property, Frustration of Contract
Source Language
English
Commercial Law Banking Law Land Law Injunctions Statutory Power of Sale Loan Security Service of Statutory Notices Matrimonial Property +1 more

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Parties

Dorcas Wanjiru

1st Plaintiff/applicant

Algarve Distributors Limited

2nd Plaintiff/applicant

Access Bank (Kenya) PLC

1st Defendant/respondent

Watts Auctions

2nd Defendant/respondent

Procedural Posture

Commercial Suit / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the Plaintiffs are entitled to an interlocutory injunction restraining the Defendants from selling the charged property
  2. 2 Whether the statutory notices under Sections 90 and 96 of the Land Act were properly issued and served
  3. 3 Whether frustration of the loan's commercial purpose affects the enforceability of the charge

Ratio Decidendi

The Plaintiffs established a prima facie case as the Defendants failed to strictly prove service of mandatory statutory notices under Sections 90 and 96 of the Land Act, rendering the intended sale unlawful; thus, an interlocutory injunction restraining the sale of the charged property is warranted pending determination of the suit.

Court Disposition

Interlocutory injunction granted

Orders

  • Pending hearing and determination of the suit, an injunction restraining the Defendants from selling, transferring, alienating, disposing of, or interfering with Title No. Nairobi/Block 112/187 is issued.
  • Costs shall be in the cause.