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Stephen Kibowen v. Agricultural Finance Corporation

(2017) JELR 95256 (CA)

Court of Appeal  •  Civil Application 25 of 2017  •  12 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

The property known as Lembus/Kilombe/157 was charged to the respondent Agricutural Finance Corporation to secure a loan. The mortgagor was unable to meet his obligations to the respondent and the property was sold by public auction to the applicant Stephen Kibowen who was the highest bidder at the sale. There were problems in transffering the propety to the applicant and this led to litigation being Nakuru ELC Case No. 218 of 2014 Stephen Kibowen v. Agricutural Finance Corporation which was heard by Munyao, J. In a decree that followed given on 19th March, 2015 the respondent was inter alia ordered to release to the applicant title documents for the said property dully discharged and all other documents required for the registration of the applicant as the owner of the property. The respondent was further reinstrained from dealing with the property at all. An application for stay of execution pending appeal followed and the said Judge ordered on 13th May, 2015 that …

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