PATRICK KANYAGIA & ROSEMARY W. KANYAGIA V. DAMARIS WANGECHI, JOHNSON M. MUCHEMI & SAVINGS & LOAN KENYA LTD.

JUDGMENT

SHAH JA. The appellants are husband and wife. They were desirous of purchasing a property.

Property known as LR 7022/42 Kiambu (hereinafter referred to as the “suit property”) was advertised for sale by public auction, which auction sale did take place (as hereinafter shown) on 24th November, 1988.

In December, 1988 the first respondent (hereinafter referred to as “Wangechi” filed suit in the superior court seeking (inter alia) an injunction “to prevent the transfer of the said property LR 7022/42 into the name of the third defendant or any third party on her undertaking to deposit the money, owed by the first defendant to the second defendant into this honourable Court”.

For the sake of clarity, I would point out that the first defendant is the second respondent in this appeal. I will refer to him as Muchemi hereinafter.

The plaintiff also sought “an order of specific performance directed to the first defendant to perform his obligations pursuant to the said sale agreement”. The …