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Peter Nganga Muiruri v. Housing Finance Co of Kenya Ltd, Taifa Auctioneers (A Firm), Barclays Bank of Kenya Ltd & Chiera Waithaka

(2016) JELR 95028 (CA)

Court of Appeal  •  Civil Appeal 101 of 2011  •  22 Jul 2016  •  Kenya

Coram
Wanjiru Karanja, Mohammed Abdullahi Warsame, George Benedict Maina Kariuki

Judgement

JUDGMENT OF THE COURT

By a charge dated 23rd, October 1997, Housing Finance Corporation of Kenya Limited (HFCK, also referred to as the 1st respondent), advanced to Peter Nganga Muiruri (appellant) Ksh. five million (5,000,000/=).

The appellant offered his property LR. No. 7752/225 also has known as IR No. 74677/1 Kibagare Way Nairobi as security for the said sum.

After paying several instalments, the appellant unfortunately defaulted in repayment. One of the terms in the charge instrument was that if the appellant defaulted in the payment of the principal and the interest, then the 1st respondent would realise the said security by public auction, after three months prior notice to the appellant to allow him exercise his right of redemption of the property, at any time before the sale.

On 13th May 1998, 1st respondent, through its advocates, Kibuchi and Co. Advocates sent by registered post a notice notifying the appellant of his default in servicing the loan, which by then stood at Ksh 5…

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