The Environment and Land Court in Kajiado dismissed a woman’s request for temporary restrictions prohibiting the sale of her matrimonial land.
Faith Santo sued African Banking Corporation Limited and her spouse Moses Ole Nkuya in 2022 and requested the Court to issue orders blocking her husband from selling the land.
According to her, the husband collaborated with the bank to fraudulently and unlawfully charge the land without her approval.
Santo told the court that she came to know 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.
African Banking Corporation Limited however opposed the application, stating that Santo’s husband had a similar application dismissed at the Milimani Commercial Court.
Upon considering the application, Justice Maxwell Nduiga Gicheru found that the same lacked merit, terming it as an abuse of the court process.
