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Minudi Okemba Lore v. Lucy Wangui Gachara

(2019) JELR 99057 (CA)

Court of Appeal  •  Civil Appeal 90 of 2018  •  4 Oct 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. In a judgment delivered on 25th May 2018, the Environment and Land Court (Olola, J.) dismissed the appellant’s suit against the respondent in which he had sought an order of possession of a property he purchased at a public auction, namely Plot No. 825(original No. 814/12) Watamu CR. No. 27990. By the same judgment, the court nullified “the purported sale” on the basis of which the appellant acquired the property. Aggrieved by that judgment, the appellant lodged this appeal.

2. Based on the pleadings and the evidence tendered before the Environment and Land Court (ELC), the pertinent facts are, to a large extent, not in contention. By an instrument of legal charge dated 7th September 2011, Susan Nyambura Wangai (the chargor), the then registered owner of the property known as Plot No. 825(original No. 814/12) Watamu CR. No. 27990 (the suit property), charged the same to Equity Bank Limited (the Bank) to secure the principal sum of Kshs.1,000,000.00 and interest.…

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