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Nyaga Kabute v. Housing Finance Co. (K) Ltd

(1997) JELR 94843 (CA)

Court of Appeal  •  Civil Appeal 158 of 1996  •  14 Oct 1997  •  Kenya

Johnson Evan Gicheru, Amrittal Bhagwanji Shah, Samuel Elikana Ondari Bosire



This is an appeal by Nyaga Kabute (the appellant) against the order of the superior court (E. M. Githinji, J.) made on 10th July, 1990, in its Civil Case No. 4610 of 1990 in which the learned Judge declined to review his earlier ruling in which he had granted Housing Finance Company (K) Limited, the respondent in this appeal, a decree for possession of a parcel of land known as Gichugu/Settlement Scheme/232. The said parcel of land had been given as security by the appellant to the respondent to secure repayment by him of a loan the latter agreed to advance to him.

The facts giving rise to this appeal are brief. On 4th March 1988, the appellant executed a charge, which was described as “charge by instalments”, in favour of the respondent to secure repayment by him of a sum of Kshs.160,000/= which the latter agreed to advance to him. The loan was to be disbursed in instalments and was to be used by the appellant to construct a house on the charged property. The appe…

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