The Environment and Land Court in Kajiado has dealt a blow to a woman who was seeking temporary orders barring the sale of her matrimonial land.
In 2022, Faith Santo sued the African Banking Corporation Limited and her husband Moses Ole Nkuya.
She claimed that her husband had conspired with the bank to fraudulently and unlawfully charge the land without obtaining spousal consent.
Santo told the court that she learnt that the land was up for sale for Sh63,070,000 after Ole Nkuya defaulted in servicing a loan he had obtained from the bank.
She urged the court to bar the bank and her spouse, their representatives or assignees from selling, auctioning, dealing with and in any way interfering with the land until the suit in court was heard and determined.
Her motion was brought to court under Order 40 Rules 1 and 2 Civil Procedure Rules, on granting of temporary injunction.
Under Order 40, rule 1, the court may by order grant a temporary injunction to restrain the wastage, wrongful selling or execution of a decree.
It may also make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal, or disposition of the property as the court thinks fit until the disposal of the suit or until further orders.
Under rule 2, "The court may by order grant such injunction on such terms as to an inquiry as to damages, the duration of the injunction, keeping an account, giving security or otherwise, as the court deems fit".
African Banking Corporation Limited however opposed the application, stating that Santo's husband had a similar application dismissed at the Milimani Commercial Court.
The same had a ruling dated July 15, 2019.
Upon considering the application, Justice Maxwell Nduiga Gicheru found that the same lacked merit, terming it as an abuse of the court process.
"The Plaintiff (Faith Santo) has failed to disclose the existence of a similar suit over the same subject matter as required by Order 4 Rule 1 (f) of the Civil Procedure Rules. This application is abuse of court process. I dismiss it with costs," the judge ruled.
