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Downhill Limited v. Harith Ali El-Busaidy & City Finance Bank Limited

(2000) JELR 102641 (CA)

Court of Appeal  •  Civil Appeal 254 of 1999  •  8 Dec 2000  •  Kenya

Abdulrasul Ahmed Lakha, Effie Owuor, Richard Otieno Kwach



This is an appeal from the ruling and order of Mitey J given on 6th October, 1999 by which the learned Judge restrained Downhill Limited (the appellant) and City Finance Bank Limited (the Bank) from transferring, alienating or otherwise dealing with or interfering in any manner with Harith El-Busaidy's (the borrower) possession or occupation of a piece of land known as Plot LR No. 1870/IV/175, Pilipili Road, Westlands, Nairobi, (hereinafter called "the suit premises") pending the hearing of the suit filed by the borrower .The borrower was until 21st July, 1997 the registered proprietor of the suit premises. In August 1994 he borrowed a sum of Shs 3m from the Bank which he secured with a mortgage in favour of the Bank over the suit premises. It was an English mortgage under the provisions of the Transfer of Property Act, 1882 (the Act) . The borrower defaulted and by a letter dated 21st January, 1997 notice was given on behalf of the Bank of its intention to realis…

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