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Chaxton Geoffrey Kamami Maina v. KCB Kenya Ltd, Jeed Auto Spares Ltd Edward Murimi & Ishmael Elisha Esikote t/a High Class Auctioneers

(2020) JELR 103233 (CA)

Court of Appeal  •  Civil Appeal 392 of 2018  •  20 Nov 2020  •  Kenya

Coram
Daniel Kiio Musinga, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from a ruling of the High Court (M. Kasango, J.) dated 18th September, 2018 in which the appellant’s application for an interlocutory injunction was dismissed with costs.

The brief facts leading to the present appeal are that in or about 2007 the appellant applied for a loan facility of Kshs. 2,400,000/- from the 1st respondent to enable him complete the purchase of a residential property known as L.R. No. 18111/53 Baraka Estate Phase II House No. D35 hereinafter, “the suit property”. The loan was to be repaid in equal monthly instalments of Kshs. 33,390/- for a period of 15 years. The suit property was charged as security in the form of a first legal charge. The appellant fell into arrears and could not remit the agreed monthly instalments. On 25th August, 2016 he learnt that the suit property had been sold through a public auction by the 1st respondent in the exercise of its statutory power of sale.

Aggrieved, the appellant filed suit in the High…

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