PETER MWANGI MBUTHIA & NAFTALI RUTHI KINYUA V. SAMOW EDIN OSMAN

JUDGMENT OF THE COURT

1. The appellants appeal from the judgment and decree of the High Court (Hon. Mr. Justice J. B. Ojwang, Ag Judge, as he then was) given on 19^th December 2003 allowing the respondent’s motion for summary judgment for delivery of vacant possession of immoveable property and awarding mesne profits.

Background

2. The appellants were until 25^th March 2003 registered as proprietors of the property known as Land Reference Number 36/111/218 Section III Eastleigh Nairobi (the property). The property was charged to Kenya Commercial Bank Limited to secure bank facilities extended by that bank to the appellants. In exercise of its statutory power of sale, the bank sold the property to Samow Edin Osman, the Respondent, who purchased it at a public auction conducted on 7^th March 2003. The respondent was subsequently registered as owner of the property on 25^th March 2003.

3. Having encountered difficulties in obtaining possession of the property, the respondent commenced suit in th…