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Ramana Group Limited v Sidian Bank Limited & another [2025] KEHC 10367 (KLR)
The High Court declined to stop a bank’s proposed sale of charged property, finding the applicant had not shown irreparable harm and that damages were adequate.
Muli v Kenya Commercial Bank Kenya Limited & another [2025] KEHC 10511 (KLR)
The court found that the 1st Defendant failed to provide sufficient proof of proper service of the mandatory statutory notices required under the Land Act and the terms of the charge. File copies of notices without valid certificates of postage or credible evidence of dispatch do not satisfy the legal requirement for service. The burden of proving service lies with the chargee, and in the absence of such proof, the Applicant established a prima facie case warranting injunctive relief. Although the Applicant admitted indebtedness, the court held that non-compliance with statutory prerequisites…
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Convex Commodity Merchants Limited & 2 others v Stanbic Bank Kenya Limited & another [2025] KEHC 9491 (KLR)
The court found that the applicants admitted to obtaining and defaulting on the loan from the 1st respondent. While they attributed default to delayed disbursements and external challenges, they failed to provide specific evidence of such delays or their impact. The court held that the respondent bank had complied with statutory requirements under the Land Act by serving the requisite notices. The applicants' claims of undervaluation and requests for additional financing or a moratorium could not override the contractual terms, as courts do not rewrite contracts. The court further held that a…
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Paramount Bank Limited & another v Onyona [2025] KEHC 8431 (KLR)
The High Court found that the appellants failed to prove, on a balance of probabilities, that the statutory notices required under the Lands Act were properly served on the respondent. The evidence presented, including certificates of postage and a purported certificate of service, was inconsistent and did not establish actual receipt of the notices by the respondent. The court held that service of statutory notices is a mandatory precondition to the exercise of the statutory power of sale, and mere posting is insufficient without proof of delivery. The valuation relied upon by the appellants…
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Makokha v Faulu Microfinance Bank & another [2025] KEELC 4552 (KLR)
The Environment and Land Court dismissed an application for stay of execution, injunction, and enlargement of time, finding no filed appeal, delay, no substantial loss, and no security.
Bosco Estates Engineering and Construction Ltd v K-Unity Savings and Credit Co-operative Society Ltd [2025] KEHC 6880 (KLR)
The court found that the applicant had established a prima facie case for the grant of a temporary injunction. The applicant demonstrated that it maintained a savings account with the respondent, with sufficient funds available to set off the loan repayments, and that the respondent had in fact used these funds to offset arrears. There was also uncertainty regarding whether the statutory notices and valuation were properly issued and whether they pertained to the correct property. The court held that the applicant would suffer irreparable harm if the property were sold before the suit was det…
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Kariuki v Letshego Kenya Limited; County Government of Laikipia (Interested Party) [2025] KEHC 5131 (KLR)
The court found that the plaintiff had not established a prima facie case to warrant the grant of a temporary injunction. The plaintiff admitted defaulting on the loan and failed to provide sufficient evidence of ongoing compulsory acquisition or negotiations with the interested party. The defendant demonstrated compliance with statutory requirements for service of notices and valuation. The court held that the defendant, as a financial institution, could adequately compensate the plaintiff by damages if the suit succeeded, and the balance of convenience favored the defendant, who continued t…
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Barasa v Momentum Credit Limited [2025] KEHC 5233 (KLR)
The High Court found the borrower had repaid more than the loan advanced, held the repossession and sale of his vehicle unjustified, and awarded him Ksh.810,000.
ABSA Bank Kenya PLC v Owour [2025] KEHC 4692 (KLR)
The High Court allowed a bank’s appeal against an injunction, holding that partial repayment did not establish a prima facie case and that the chargee could pursue statutory sale.
Kahihu v Equity Bank (K) Limited & another [2025] KEHC 4622 (KLR)
The High Court struck out a miscellaneous application for injunction, holding that Order 40 relief must be anchored on a substantive suit.
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