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Housing Finance Company of Kenya Ltd v. Richard Ndere Johnson Paul, Samwel Kahiga Muigai, Cheri (K) Ltd & Commissioner of Lands

(2006) JELR 105461 (CA)

Court of Appeal  •  Civil Appli 7 of 2005  •  14 Jul 2006  •  Kenya

Philip Kiptoo Tunoi, Erastus Mwaniki Githinji, William Shirley Deverell



By this application expressed to be brought under rule 5(2)(b) of the Rules of this Court the applicant, HOUSING FINANCE COMPANY OF KENYA LIMITED, seeks orders; inter alia:

“THAT pending the hearing and determination of the Applicant’s Appeal in the Court of Appeal Civil Appeal No. 52 of 2003 the orders and decision given by Honourable Judge Mary Kasango on 16th June, 2004 in Milimani HCCC NO. 2095 of 2000 there be an order staying proceedings in Nairobi Milimani HCCC No. 2095 of 2000 pending the outcome of the Appeal.”

The short history of the dispute is that the 1st respondent, RICHARD NDORE JOHNSON PAUL, filed suit against the applicant and three others on 24th November, 2000. The subject matter of the dispute is Land Reference No. Nairobi/Block 129/86 sold by the applicant as chargee in exercise of its statutory power of sale at a public auction after allegedly the 1st respondent had defaulted in servicing a loan which he had secured towards the purchase of the pr…

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