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Murad Ebrahim Murad & Hamid Murad v. Kenya Commercial Bank Limited & Anne Wangui Mwicharo

(2018) JELR 98815 (CA)

Court of Appeal  •  Civil Application 132 of 2018 (UR 111/2018)  •  9 Nov 2018  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

The applicants herein, who are husband and wife, have been struggling for the last 15 years, to save their ownership of LR. No. 209/7725 (the house) situate in Golf Course estate, Nairobi. Their story is a familiar one. They borrowed money from the 1st respondent (the bank) in 1992, defaulted on the terms of repayment, the bank exercised its statutory power of sale in 2004, and sold the house by public auction to the 2nd respondent, who is now the registered owner. They have only been kept in possession by an interlocutory court order.

The applicants, however, accused the bank of fraud, malice and breach of contract. They raised several issues including: auctioning and transferring the house with full knowledge that there was a court order staying the sale; not supplying them with bank statements; exaggerating the interest charged on the principal amount; failure to issue a proper notification of sale before the auction; selling the house before expiry of 90 days as …

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