Catherine Wambui Kuria v Housing Finance Company of Kenya Limited & another [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Ouko (P), Musinga, Gatembu, JJ.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Catherine Wambui Kuria (Suing as the Personal Representative of the estate of Peter Kuria Munyuira v Housing Finance Company of Kenya Limited & another [2020] eKLR


1. Case Information:
- Name of the Case: Catherine Wambui Kuria (Suing as the Personal Representative of the estate of Peter Kuria Munyuira) v. Housing Finance Company of Kenya Limited & Beatrice Muthoni Makumi (Sued as the Personal Representative of the estate of Danis Muna)
- Case Number: Civil Application No. 32 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): Ouko (P), Musinga, Gatembu, JJ.A.
- Country: Kenya

2. Questions Presented:
The central legal issues before the court include:
- Whether the applicant has an arguable appeal regarding the High Court's dismissal of her claim against the respondents.
- Whether the intended appeal would be rendered nugatory if the injunction sought is not granted.

3. Facts of the Case:
The dispute arises over the ownership and occupation of land L.R No. Dagoretti/Riruta/S.296 in Nairobi County. The applicant, Catherine Wambui Kuria, claims that her deceased husband, Peter Munyuira, was the legal owner of the property. She alleges that the Housing Finance Company of Kenya (1st respondent) unlawfully sold the property at an auction without proper notification of default in loan repayment. The 2nd respondent, Beatrice Muthoni Makumi, claims to be a bona fide purchaser who acquired the property at the auction. The applicant contends that the sale was fraudulent and seeks a permanent injunction to prevent eviction and restore her ownership.

4. Procedural History:
The applicant initially filed a case in the High Court, seeking relief against the sale and transfer of the property. The High Court, presided over by Justice D.S. Majanja, dismissed the applicant's claims, concluding that she failed to prove her case. Following this dismissal, the applicant sought an injunction from the Court of Appeal pending her intended appeal against the High Court's ruling.

5. Analysis:
- Rules: The court considered the principles under Rule 5(2)(b) of the Court's Rules, which require the applicant to demonstrate that she has an arguable appeal and that the intended appeal would be rendered nugatory if the injunction is not granted.
- Case Law: The court referenced the case of Stanley Kangethe Kinyanjui v. Tony Ketter & Others, which outlines the burdens placed on the applicant in seeking an injunction pending appeal. The court also cited Republic v. Kenya Anti-Corruption Commission & 2 others, emphasizing the need for an applicant to satisfy both limbs of Rule 5(2)(b).
- Application: The court found that while the applicant had an arguable appeal, the potential success of the appeal would not render it nugatory. The applicant's claims of imminent eviction were weighed against the 2nd respondent's assertion that she had been a bona fide purchaser and that the applicant had collected rent from the property.

6. Conclusion:
The Court of Appeal ultimately rejected the applicant's application for an injunction, concluding that she failed to satisfy the requirements set out in Rule 5(2)(b). The court determined that an award of damages would adequately remedy any potential harm to the applicant if her appeal were successful.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Court of Appeal dismissed the applicant's application for an injunction pending her appeal against the High Court's dismissal of her claims regarding the ownership of the property. This case underscores the importance of demonstrating both an arguable appeal and the potential for the appeal to be rendered nugatory when seeking injunctive relief in civil proceedings. The ruling highlights the balance courts must strike between protecting property rights and ensuring that legal processes are not unduly delayed.

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