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Nancy Kahoya Amadiva v. Expert Credit Limited & John Mutitu Ngacha

(2015) JELR 105342 (CA)

Court of Appeal  •  Civil Appeal 133 of 2006  •  2 Oct 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Philomena Mbete Mwilu



Nancy Kahoya Amadiva, hereinafter the appellant, brought this appeal against the judgment and decree of the High Court of Kenya at Nairobi delivered on 5th November, 1999 by Justice F. Azangalala (as he then was) dismissing the appellant?s suit against Expert Credit Limited, hereinafter referred to as the 1st respondent and John Mutitu Ngacha, hereinafter referred to as the 2nd Respondent.

The appellant, through an amended plaint, had sought injunctive reliefs against the respondents to restrain the respondents from dealing with property LR No.29/8343/107 (hereinafter the suit property) and generally interfering with the appellant?s possession of the suit property. In the alternative the appellant sought a declaration that the charge over the suit property in favour of the 1st respondent was illegal, irregular, null and void and the subsequent sale of the suit property by the 1st respondent to the 2nd respondent be similarly declared illegal, irregular, null and vo…

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