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National Bank of Kenya Limited v. Lawrence Otweyo Gumbe

(2006) JELR 98559 (CA)

Court of Appeal  •  Civil Appeal 93 of 2002  •  26 May 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

This is an interlocutory appeal. National Bank of Kenya Limited (the appellant) was aggrieved by the decision of the superior court (Osiemo, J) given on 25th February, 2002 in Nairobi High Court Civil Case No. 2 of 2002 and hence this appeal. In that decision the court granted Lawrence O. Gumbe (the respondent) an interlocutory injunction restraining the appellant from exercising what it alleged was an accrued statutory right of sale under section 77 of the Registered Land Act, Cap 300 Laws of Kenya (under RLA) over property known as Block 10/8 Kisumu Municipality which property is registered under that Act.

The facts giving rise to this litigation are short and straight forward. The property known as Kisumu Municipality /Block 10/8 is leasehold property. The original lessee was one Ezra Owiti Gumbe, since deceased. The respondent is presently registered as lessee and was registered as such on 1st July, 1994, the same date when a charge was registered against the t…

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