SOLOMON K. NJUGUNA V. KENYA SAVINGS & MORTGAGES LTD & CHRISTINE M. KAIGU

JUDGMENT OF THE COURT

The appellant, Solomon Kamau Njuguna, (the appellant) was the Plaintiff in Nai. High Court Civil case No. 1929 of 1988, and Savings and Mortgages Ltd, and Christine M. Gitau, (the first and second respondent respectively), were the defendants. That suit involved a parcel of land known as L. R. No. 37/749/8, situate in Nairobi. The appellant had charged it in favour of the 1^st respondent to secure repayment by him of money the latter had advanced to him. The appellant’s case, as pleaded, was that the 1^st respondent, in a wrongful exercise of their statutory right of sale, sold the land to the 2^nd respondent and later transferred ownership to her. The sale was wrongful because no statutory notice was served on him before the sale, which in any event was irregular and in bad faith because the property was knocked down to the 2^nd respondent at an unreasonably low price. He therefore prayed for a declaration that the sale was invalid, and for an order cancelling the 2^n…