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Christopher Mwendiah Owando v. Kenya Industrial Estates Ltd & another

(2014) JELR 103183 (CA)

Court of Appeal  •  Civil Application 83 of 2014  •  3 Oct 2014  •  Kenya

Coram
Jamila Mohammed, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

By his application dated 16th April 2014 presented to this Court on 17th April 2014, under rule 5 (2) (b) of the Rules of the Court, the applicant Christopher Mwendiah Omwando seeks an order to stay orders given by the High Court (L. Gacheru, J) on 4th April 2014 dismissing his application to the High Court under Order 40 of the Civil Procedure Rules for injunctive relief.

Background

By an instrument of legal charge dated 24th February 2004, the applicant charged his property known as Title Number

Kajiado/Kisaju/2664 (the property) to the 1st respondent, Kenya Industrial Estates Limited to secure the payment of the principal sum of Kshs. 500,000.00 and interest.

According to the 1st respondent, the applicant defaulted and persisted in default in the payment of the secured debt with the result that in exercise of its statutory power of sale the 1st respondent sold the property to the 2nd respondent at a public auction held on 8th June 2012.

On 16th October 2012 the applic…

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