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

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 2^nd 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 5^th March, 1998 he charged the suit property to the 1^st respondent to secure a loan of Kshs. 1,520,000.00; that on 4^th August, 2006, without any notice, the 1^st 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 31^st May 2006 and fraudulently transferred to the 2^nd respondent and; that the 1^st respondent did not serve him with a statutory notice to signify his default in the repayment …