JOYCE MUKUHI NJENGA V. EQUITY BANK LIMITED, PATRICK KUNGU KIMATA T/A MARCHET AUCTIONEERS & AGNES WANJIRU MUCHAI

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 1^st, 2^nd and 3^rd 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 1^st respondent sold through the 2^nd respondent to the 3^rd respondent allegedly pursuant to the 1^st respondent’s power of sale as chargee.

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

3. The appellan…