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Samuel Munyao Nzioka v. Housing Finance Company Of Kenya Ltd

(2019) JELR 94858 (CA)

Court of Appeal  •  Civil Appeal 1 of 2008  •  5 Apr 2019  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Samuel Munyao Nzioka (the then plaintiff) was an employee of the Housing Finance Company of Kenya Ltd, the respondent herein (the then defendant) when he borrowed a sum of Ksh.595,000.00 and a further sum of Ksh.305,000.00. The two sums were secured by registration of two charges against Nairobi/Block/129/359 Komarock (the charged property). It was the appellant’s averment in the plaint dated 25th November 2002 that he had overpaid the sums borrowed by Ksh.377,394.00. In the said plaint, the appellant sought the following

orders:

a. An order compelling the defendant to register a discharge of the charge dated 20.12.1993 and the Further Charge dated 24.11.1994 over land title no. Nairobi/Block 129/359

b. An order compelling the defendant to return to the plaintiff the original title documents in respect of land title no. Nairobi/Block 129/359.

c. An order of injunction perpetually restraining the defendant, its servants, employees and/or agents from exe…

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