WILLIAM MUTHEE MUTHAMI V. BANK OF BARODA

JUDGMENT OF THE COURT

This is an appeal against the judgment of the High Court (Kasango, J.) rendered on 25^th July 2005 in Nairobi HCCC No. 91 of 2004. In the suit, the appellant, William Muthee Muthami had sought an award of special damages in the sum of Kshs. 57,622,844/=, general damages, costs of the suit and interest.

According to the plaint, the appellant sued Bank of Baroda, the respondent claiming that there was between them a written agreement in which the latter, in exercise of its statutory power of sale, sold to the former a property known as L.R. No. 36/IV/14 (20A) located at Eastleigh, Nairobi at a consideration of Kshs. 15 million. The appellant was subsequently registered as the owner. Unknown to the appellant but known to the respondent, there was a order of the Court of Appeal in Civil Appeal No. 9 of 2001 restraining the respondent either by itself, its agents, assigns or otherwise from disposing the suit property pending the hearing and determination of High Court (M…