Samson Ngugi Ichungwa t/a Grenair v. National Industrial Credit Bank, Raju Dhanani & Joseph Gikonyo t/a Garam Investments

JUDGMENT OF THE COURT

This interlocutory appeal emanates from a ruling dated 31^st July 2015. The ruling was in respect of three different applications made variously by the parties in the suit leading to this appeal. The three applications were subsequently consolidated and heard together. The subject matter in the suit was the parcels of land known as Kikuyu/Kikuyu Block 1/48 and Kikuyu/Kikuyu Block 1/55 “the suit properties” which had been charged to National Industrial Credit Bank “the 1^st respondent” by Samson Ngugi Ichungwa T/A Grenair, “the appellant”. Apparently, the appellant was unable to service the loan and through Joseph Gikonyo T/A Garam Investments, “the 3^rd respondent”, the 1^st respondent exercised its statutory power of sale, sold and transferred the suit property to Raju Dhanani “the 2^nd respondent ”.

In the first application, the appellant sought to review, vary or otherwise set aside the ruling and orders made in favour of the 2^nd respondent on 26^th June, 2014. The ru…