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

(2019) JELR 94968 (CA)

Court of Appeal  •  Civil Appeal 38 of 2016  •  5 Jul 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

This interlocutory appeal emanates from a ruling dated 31st 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 1st 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 3rd respondent”, the 1st respondent exercised its statutory power of sale, sold and transferred the suit property to Raju Dhanani “the 2nd respondent ”.

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

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