D N M V. M K , GHADIALLY & CO. ADVOCATES, M W G , GITONGA & CO. AUCTIONEERS&KENYA; COMMERCIAL BANK LTD

JUDGMENT OF THE COURT

The 1^st respondent, (Mungania Kungania), was a customer of Kenya Commercial Bank, the 5^th respondent. He borrowed money from the 5^th respondent and executed a charge to secure the loan over his Land Parcel No. [particulars withheld], (hereinafter referred to as the suit or charged property). The 1^st respondent defaulted in the repayment of the loan whereupon the 5^th respondent instructed its lawyers, the 2^nd respondent, to sell by public auction the charged property. The public auction was conducted on 5^th May, 1974 ,by the 4^th respondent and the 3^rd respondent bought the suit property. Subsequently, the 3^rd respondent transferred the suit property to the appellant. It is not disputed that continuously from 1974 to date; the 1^st respondent has been in occupation of the suit property.

The 1^st respondent filed suit against the 5^th respondent and all other respondents claiming that the statutory notice of sale issued by the 2^nd respondent was fatally defective as it p…