REUBEN WARUI MWANGI & MERCY WANJIRU WARUI V. GEOFFREY KURIA GITHAMBU & HOUSING FINANCE COMPANY LIMITED

JUDGMENT OF THE COURT

1. This is an appeal against the ruling of the High Court dated 21st February, 2014, wherein the learned Judge (Mabeya, J.) declined to exercise his discretion in favour of the appellants, Reuben Warui Mwangi and Mercy Wanjiru Warui and dismissed their application seeking leave to file a defence in the suit and set aside an interlocutory judgment entered against them.

2. A brief background to this appeal is that the appellants purchased Title L.R No. Number/1594 (the suit property) at a public auction on 11th August, 2006 from the 2nd respondent, Housing Finance Company Limited after the 1st respondent, Geoffrey Kuria Githambu defaulted on his loan repayments. The suit property was subsequently sold to a third party in 2010. The 1st respondent then filed Civil Case No. 34 of 2006 seeking inter alia that; the sale of the suit property to the appellants be nullified on the grounds that the 1st appellant was the legal officer and employee of the 2nd respondent.

3. It i…