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SAMUEL NDIBA KIHARA & VIRGINIA NDUTA NDIBA v. HOUSING FINANCE COMPANY OF KENYA LIMITED, ROBERT NGUNYI NJURA & NANCY WANJIKU MBUGUA

(2007) JELR 94837 (CA)

Court of Appeal  •  Civil Appli. Nai 11 of 2007 (UR. 9/2007)  •  9 Nov 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Erastus Mwaniki Githinji, William Shirley Deverell

Judgement

RULING OF THE COURT

The applicants seek an injunction under Rule 5 (2) (b) of the Court of Appeal Rules to restrain the respondents from taking vacant possession and occupation of land L.R. No. 76/202 situated in South East of Kiambu Municipality (suit land) pending the hearing and determination of the applicants’ intended appeal against the order of the superior court (Kasango J) dated 21st December, 2006 dismissing the applicants’ application for interlocutory injunction pending the hearing and determination of H.C.C.C. No. 638 of 2006.

By a charge dated 4th September, 1995 the applicants charged the suit land which was then registered in their joint names, to Housing Finance Company of Kenya (HFCK) (1st respondent) to secure a loan of Shs.1,500,000/=. The applicants obtained the loan from HFCK to finance the construction of a residential house on the suit premises. The loan was repayable in 15 years with interest at 22% p.a. by monthly instalments of Shs.27,885/=. In the course of ti…

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