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Cotton Board of Kenya v. John M.N. Mututho

(2015) JELR 105390 (CA)

Court of Appeal  •  Civil Appeal 113 of 2009  •  25 Sep 2015  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



John M.N. Mututho, the respondent herein, was the successful bidder at an auction held on 8th November, 2000 in respect of Land Reference Number 209/4389/3 Riverside Estate, Nairobi. That auction resulted from the exercise of a statutory power of sale by the Co-operative Bank of Kenya. The said property had been charged by the appellant, Cotton Board of Kenya, for a loan that had been advanced by the said bank. The respondent's offer of Kshs.21,500,000/= being the highest bid was accepted by the auctioneer at the said auction. The terms of sale which appeared in an advertisement in the issue of The East African Standard of 6th November, 2000 were inter alia that:

All interested purchasers are requested to view the properties and verify the details for themselves as these are not warranted by the auctioneers or the advocates.

A deposit of 25% must be paid in cash or bankers cheque at the fall of the hammer and the balance be paid within 30 days ....to the chargee's …

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