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Moses Mbugua Mehta v. Kenya Commercial Bank Ltd, Faiza Abdallah Said Al Army & Warda A. Said Al Army

(2020) JELR 98920 (CA)

Court of Appeal  •  Civil Application 5 of 2020  •  22 May 2020  •  Kenya

Coram
William Ouko

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: OUKO, (P) (IN CHAMBERS)

CIVIL APPLICATION NO. 5 OF 2020

BETWEEN

MOSES MBUGUA MEHTA.........................................................APPLICANT

AND

KENYA COMMERCIAL BANK LTD ............................1ST RESPONDENT

FAIZA ABDALLAH SAID AL ARMY............................2ND RESPONDENT

WARDA A. SAID AL ARMY............................................3RD RESPONDENT

(Being an application for leave to file Notice of Appeal out of time and stay the

judgment of the High Court at Mombasa (A.Omollo, J) dated 27th November, 2019

in

Civil Case No. ELC No. 440 of 2017)

**************************

RULING

The applicant defaulted in the repayment of a mortgage facility advanced to him by the 1st respondent. Consequently, the 1st respondent exercised its statutory power of sale and sold the suit property known as L.R No. MN/1/14414 (Originating Number 11179/8 Section 1 Mainland North) to the 2nd and 3rd respondent through a public auction. The sale took place on 20th

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