JUDGMENT
In this appeal, the appellant, Diamond Trust Bank Kenya Limited (hereafter referred to as “the appellant” or “the Bank”), is challenging a ruling of the Environment and Land Court (ELC) (Munyao Sila, J.) delivered on November 13, 2019 in favour of the respondent, FHH, restraining the appellant by an order of interlocutory injunction, pending the hearing and determination of the suit before the ELC, from exercising its statutory power of sale under a charge on grounds that the respondent’s consent (spousal consent) was not obtained prior to charging the property.
There are two issues in this appeal. The first is whether the ELC erred in rejecting the appellant’s contention that it lacked jurisdiction to entertain the respondent’s having regard to the holding by this Court in the case of Co-operative Bank of Kenya Limited v Patrick Kangethe Njuguna & 5 others [2017] eKLR. The second issue is whether, if indeed the ELC has jurisdiction over the matter, did it properly exercise its…