REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: OMOLO, AKIWUMI and SHAH, JJ.A.
CIVIL APPEAL NO. 150 OF 1993
BETWEEN
CAPTAIN PATRICK KANYAGIA
ROSEMARY WAMBUI KANYAGIA.......................................................................................................APPELLANTS
AND
1. DAMARIS WANGECHI
2. JOHNSON MUTURI MUCHEMI
3. SAVINGS and LOAN KENYA LIMITED.................................................................................................RESPONDENTS
(Appeal from the ruling of the High Court of Kenya at Nairobi
(Justice Shields) dated 20th May, 1992
in
H.C.C.C. NO. 5329 OF 1988)
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JUDGMENT OF SHAH, J.A.
The facts of the suit in the superior court are not in dispute.
The appellants are husband and wife. They were desirous of purchasing a property.
property known as L.R.7022/42 Kiambu (hereinafter referred to as the "suit property") was advertised for sale by public auction, which auction sale did take place (as hereinafter shown) on 24th November, 1988.
In Dece…