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Nina Mweu t/a Sassma Farm v. Muus Kenya Limited & Uathimo Limited

(2015) JELR 96470 (CA)

Court of Appeal  •  Civil Appeal 236 of 2011  •  31 Jul 2015  •  Kenya

Coram
George Benedict Maina Kariuki, Jamila Mohammed, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The Respondent, MUUS KENYA LIMITED, by way of a plaint filed a liquidated claim against the appellant for the sum of Kshs.408,701.50 before the Chief Magistrate’s Court at Nairobi in CMCC No. EJ. 232 of 2001. By consent dated 27th April 2001, the parties agreed that judgment be entered for the respondent against the appellant as prayed for in the plaint and the appellant liquidates the decretal sum in monthly installments of Kshs.20,000/= subject to review upwards.

2. Upon the appellant defaulting in liquidating the decretal sum as per the consent order, they moved the Chief Magistrate’s court and applied for the sale of immovable property owned by the appellant being No. Land Reference No. Nairobi/Block/72/706 (the suit property). The property was sold by public auction on 17th November 2005 for Kshs.3,100,000/= to the interested party in this suit, UATHIMO LIMITED who was the highest bidder.

3. Subsequent to the sale by public auction, the respondent deposited …

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