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Mwaniki Wa Ndegwa v. National Bank of Kenya Ltd & Mary Mbuki Mugambi

(2016) JELR 98719 (CA)

Court of Appeal  •  Civil Appeal 124 of 2008  •  22 Jul 2016  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

[1] Mwaniki wa Ndegwa, who is the appellant in this appeal, is aggrieved by the judgment of the High Court (Emukule, J), in which a suit he had filed against National Bank of Kenya Ltd (hereinafter the 1st respondent) and Mary Mbuki Mugambi (hereinafter the 2nd respondent) was dismissed. As per the amended plaint filed on 18th July 2002, the applicant’s suit sought inter alia orders of permanent injunction restraining the 1st respondent from advertising or selling the appellant’s property known as LR No. 3734/198 (‘the suit property’); a declaration that the Charge created over the suit property is invalid and of no effect and an order for immediate discharge of the suit property; and a declaration that any amount due to the 1st respondent in respect of the Charge is owed by the 2nd respondent as the appellant has fully paid his share of the loan.

[2]. The 1st respondent filed an amended defence to the appellant’s claim in which it contended that the appellants wil…

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