IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: GICHERU, LAKHA and OWUOR JJ A )
CIVIL APPEAL NO 100 OF 2001
BETWEEN
KENYA COMMERCIAL FINANCE COMPANY LTD..............APPELLANT
AND
KIPNG'ENO ARAP NGENY........................................1ST RESPONDENT
JOHN H. A. WILLIAM................................................2ND RESPONDENT
(Appeal from the Judgment, Orders and Decree of the High Court at Nakuru, Rimita J, dated 23rd March 2001
in
HCCC No 314 of 2000)
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JUDGMENTS
Gicheru JA.Principally, this appeal turns on the validity of the charge documents to the 1st respondent’s leasehold for a term of 99 years from 1st October, 1974 to a piece of land situate in Kericho town containing in measurement 0.9229 of a hectare or thereabout and registered as title Number I.R. 30445/1 and to the 2nd respondent’s land parcel Number Nakuru/Thigiu/1 containing in measurement 48.5 hectares. F
rom the letter of offer by the appellant to the 2nd respondent dated 8th September, 1993, it w…