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Peter Njeru Mugo v. Jimba Credit Corporation Ltd & George Gikubu Mbuthia

(1996) JELR 93600 (CA)

Court of Appeal  •  Civil Appeal 12 of 1996  •  20 Dec 1996  •  Kenya

Coram
Johnson Evan Gicheru, Akilano Molade Akiwumi, Samuel Elikana Ondari Bosire

Judgement

JUDGEMENT OF THE COURT

In the Nairobi High Court Civil case No. 937 of 1986, the appellant in this appeal was the second defendant while the first and second respondent herein were the first defendant and plaintiff respectively. By a plaint dated 25th March, 1986 and filed in the superior court on the same day, the second respondent sought judgement jointly and severally against the first respondent and the appellant for the nullification of the sale by public auction on 13th February, 1986 and/or restriction of the first respondent from transferring L.R. NO. Nairobi /Block 73/225 to the appellant who had purchased the same in the said auction. That sale was pursuant to the first respondent’s exercise of its power of sale under section 74 (1) and (2) of the Registered Land Act, Chapter 300 of the Laws of Kenya. The appellant’s relevant statement of defence and/or amended defence and counterclaim to the second respondent’s suit in the superior court is not in the record of this appeal. …

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