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National Bank of Kenya Limited & Joseph M.Gikonyo t/a Garam Investments Auctioneers v. Geoffrey Wahome Muotia

(2017) JELR 98565 (CA)

Court of Appeal  •  Civil Appeal 25 of 2016  •  28 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

The suit at the High Court has not been heard on the merits. A brief review of the facts of that suit will suffice for purposes of this judgment. The respondent Geoffrey Wahome Muotia as plaintiff filed suit against the 1st appellant, National Bank of Kenya Limited seeking various reliefs. It was alleged in the plaint that the respondent was the owner of the property registered as LR No. 209/12544 situate at Upper Hill, Nairobi. It was further alleged that the respondent had offered the said parcel of land to the appellant as security for a loan in the sum of Ksh.281,000,000/- in favour of Upperhill Hotel Limited. That loan was to be repaid in an agreed manner but the appellant appeared to have defaulted in paying requisite instalments and that led to the 1stappellant exercising a power of sale as donated by the charge it held as security.

When the respondent was served with requisite notices, he filed the said suit and also filed under Certificate of Urgency a mot…

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