HOUSING FINANCE CO. OF KENYA LTD,JAMES K. KAGETE & SAVINGS & LOAN KENYA LTD V. SAMUEL KITI LEWA

JUDGMENT OF THE COURT

This judgment determines two consolidated appeals, namely Civil Appeal No. 110 of 2018 and Civil Appeal No. 111 of 2018. Due to the fact that the two appeals arise from the same judgment, the same transaction, involve the same parties and raise the same or closely related issues, we directed at the hearing, and with the consent of the parties, that the same be consolidated pursuant to rule 103 of the Court of Appeal Rules, with File No 110 of 2018 as the running file.

In the first appeal Housing Finance Company of Kenya Ltd. (HFCK) is the 1st appellant whilst James K. Kagete (Kagete) is the 2nd appellant. Samuel Kiti Lewa (Lewa) is the sole respondent in that appeal. In the second appeal, Savings and Loan Kenya Ltd (Savings and Loan) is the sole appellant whilst Lewa is the 1st respondent, HFCK the 2nd respondent and Kagete the 3rd respondent. For convenience, in this judgment HFCK is the 1st appellant, Kagete the 2nd appellant and Savings and Loan the 3rd appella…