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Romanus Okeno v. Bank of Baroda

(2015) JELR 96776 (CA)

Court of Appeal  •  Civil Appeal 18 of 2006  •  21 May 2015  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

In or about 1982 and 1983, an entity called Lake Quarry Limited (“the borrower”) borrowed from the respondent, Bank of Baroda (K) Limited, certain sums. As security for that facility, parcel number Kisumu Municipality/Block 6/70 (“the suit property”) registered in the name of the appellant, Romanus Okeno, was offered to the respondent. The appellant executed a charge and a further charge over the suit property.

The borrower defaulted in repayment of sums under the charges and the respondent served a statutory notice of sale and advertised the suit property for sale. Through an entity called Matongo Investments Company Limited Auctioneers, a notification of sale of the suit property was served. The appellant then filed suit in the High Court at Kisumu seeking an injunction to restrain the respondent from selling the suit property; an order declaring that the statutory power of sale under the charge had been rendered null and void by virtue of the Limitation of Actio…

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