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J U D G M E N T
JONES DOTSE JSC:Â
This is an appeal by the Plaintiff/Respondent/Appellant, hereafter referred to as the Plaintiff against a Court of Appeal judgment dated 16th December, 2010 in favour of the Defendants/Appellants/Respondent, hereafter referred to as the Defendants. In this regard, it has to be noted at this stage that the plaintiff who instituted the suit against the Defendants, was initially successful in the High Court, but the Court of Appeal reversed the High Court decision of 6th February 2008.
FACTS
The Plaintiff purchased a five bedroom house at a public auction in 2002 that was conducted by Adonten Mart at the instance of the Defendants, a leading financial institution in the country and one of the major players in mortgage financing of houses. The House that the Plaintiff purchased from the defendants following an advertisement of the auction that the Defendants placed in the local newspapers had the following features:
1. The compound measured approximately 120 fâŚ