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Karanja Wagiciengo & Anastasia Wariara Wagiciengo v. Nyakio Ndwiga, Sam Consolidated Holdings, Agromasters (Kenya) Limited & Barclays Bank of Kenya Limited

(2000) JELR 100239 (CA)

Court of Appeal  •  Civil Application 356 of 2000  •  22 Dec 2000  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

RULING OF THE COURT

On 5th December, 2000, the superior court (Rawal, J.) in a considered ruling dismissed the application dated 31st October, 2000 by which the applicants herein sought orders, firstly, to compel the second and third respondents to redeem a charge in favour of Barclays Bank of Kenya Limited, the interested party, over a property registered as L. R. No. 209/1498/5, the suit property; and, secondly, to restrain the first and second respondents from disposing of the said property pending the hearing and determination of the suit commenced by a plaint dated 4th January, 1996 and later amended on 3rd May, 1996.

By the action the applicants claimed that on or about 11th June, 1993, they as the registered proprietors of the suit property entered into a sale agreement with the second respondent whereby the latter was to purchase the suit property under certain terms and conditions one of which was that the completion date would be one month from 11th June, 1993, time being of e…

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