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CATHERINE WAMBUI KURIA (SUING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF PETER KURIA MUNYUIRA
V.
HOUSING FINANCE COMPANY OF KENYA LIMITED & ANOTHER

(2020) JELR 103358 (CA)

Court of Appeal 23 Oct 2020 Kenya
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Case Details

Suit Number:Civil Application 32 of 2020
Judges:Daniel Kiio Musinga, William Ouko, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Catherine Wambui Kuria (Suing as the Personal Representative of the estate of Peter Kuria Munyuira v. Housing Finance Company of Kenya Limited & another [2020] eKLR

RULING OF THE COURT

The dispute between the applicant and the respondents is over the ownership and occupation of land L.R No. Dagoretti/Riruta/ S.296 located in Nairobi County.

From the parties, it should be apparent that both the original applicant and 2nd respondent are deceased. Those now engaged in this litigation are their personal representatives.

It was the applicant’s case that Peter Munyuira (now deceased) was the legal owner of the suit property and that by a legal mortgage dated 5th March, 1998 he charged the suit property to the 1st respondent to secure a loan of Kshs. 1,520,000.00; that on 4th August, 2006, without any notice, the 1st respondent in collusion with the auctioneers raided the property and attempted to evict him; that unknown to him the property had purportedly been sold in an auction on 31st May 2006 and fraudulently transferred to the 2nd respondent and; that the 1st respondent did not serve him with a statutory notice to signify his default in the repayment …

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