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Joyce Mukuhi Njenga v. Equity Bank Limited, Patrick Kungu Kimata t/a Marchet Auctioneers & Agnes Wanjiru Muchai

(2016) JELR 100516 (CA)

Court of Appeal  •  Civil Appeal 4 of 2010  •  15 Jul 2016  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

1. Joyce Mukuhi Njenga, the appellant in this appeal, filed in the year 2004 in the High Court at Milimani Commercial Courts in Nairobi a Civil Suit No.359 of 2004 against Equity Building Society Ltd and Patrick Kungu Kimata t/a Merchant Auctioneers and Agnes Wanjiru Muchai, the 1st, 2nd and 3rd respondents, respectively, seeking against them, inter alia, an order to stop the transfer of her 4 bedroomed property No.LR 209/10675/9 situate at Nairobi South C Estate, (the said property) which the 1st respondent sold through the 2nd respondent to the 3rd respondent allegedly pursuant to the 1st respondent’s power of sale as chargee.

2. The appellant alleged that he had obtained a loan of shillings one million from the 1st respondent which was secured on the said property. She further alleged that although the agreed interest on the loan was 28% p.a., the 1st respondent charged interest that was far higher and raised other charges thus inflating the debt.

3. The appellan…

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