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Millicent Ngeso Ogila v. Kenya Commercial Bank Limited & Peter W. Masinde

(2001) JELR 99069 (CA)

Court of Appeal  •  Civil Application Nai. 98 of 2001 (59/2001 UR)  •  11 Apr 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire

Judgement

RULING OF THE COURT

It is not in dispute that the applicant owes moneys to the first respondent (the Bank). It is also not in dispute that the Bank's power of sale in regard to the suit property, namely plot NO. NAIROBI BLOCK 82/345 of situate on Outer Ring Road, Doonholm Road has arisen. It is also admitted by Mr. Obera for the applicant that a valid notice of sale of the suit property had been served on the applicant by the Bank. It is also clear that the second respondent, Dr. Masinde, has paid to the Bank the sum he bid at the auction sale.

He has signed the requisite agreement for sale after the auction sale was cWoem pldeot endo.t see any arguable point advanced by Mr. Obura that would enable us to grant us to grant to the applicant the orders that he seeks from us namely restraining the Bank from transferring the suit property to the second respondent. The basis of the applicant's case in the superior court was that she did not receive the statutory notice for sale. That is not …

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