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Bank of Africa Kenya Limited v. Benard Mulongo Mwania (Suing on his behalf and on behalf of 19 others) & Charles Mbugua Ngugi

(2020) JELR 105835 (CA)

Court of Appeal  •  Civil Application 144 of 2020  •  20 Nov 2020  •  Kenya

Coram
Martha Karambu Koome, Daniel Kiio Musinga, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] Bernard Mulongo Mwania, (the 1st respondent) suing on behalf of 19 others (hereinafter referred to as 20 purchasers) filed suit before the Environment and Land Court (ELC) against Charles Mbugua Ngugi (the 2nd respondent) seeking transfer of several plots of land which were subdivided from LR No. 26693/14 (suit premises) and sold to them between the years 2002 to 2008. The 2nd respondent filed a defence but failed to participate in the hearing with the result that judgment was entered against him in favour of the twenty (20) purchasers. Bank of Africa Limited, (the applicant) who held a legal 1st charge and a further charge over the suit property became aware of the said judgment sometimes in May 2019, when the 20 purchasers were pursuing execution of the said judgment. They wrote a letter to the applicant asking for a discharge of the charges registered over the suit premises.

[2] The applicant contended that it was not notified of the suit despite the fact that…

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