GEORGE GIKUBU MBUTHIA
V.
CONSOLIDATED BANK OF KENYA LIMITED

JUDGMENT OF THE COURT

The appellant, GEORGE GIKUBU MBUTHIA filed an appeal against the ruling of Koome, J, (as she then was) in H.C.C.C. No. 406 of 2004 delivered on 16^th April, 2010.

The background to the appeal is that on 12^th August, 1985 Nationwide Finance Company (hereinafter the chargee) and predecessor of the respondent herein filed H.C.C.C. No. 3231 of 1985 against Meck Industries Ltd and Michael Kimani and obtained judgment against the two defendants. In execution of the decree, the chargee caused to be auctioned property known as Nyandarua/Karati/728 owned by the 2^nd defendant. The appellant attended the auction and emerged the successful bidder. However, the sale was subsequently set aside by Visram, J (as he then was) in a ruling delivered on 29^th May, 2001. Thereafter the appellant filed Civil Appeal No. 165 of 2001 against the order setting aside the sale but this appeal was dismissed on 11^th February, 2003.

Undeterred, by a plaint dated 20^th July, 2004 the appellant filed …