JUDGMENT OF THE COURT
1. This appeal is part and parcel of the protracted litigation revolving around L.R No. 13154 (suit property) which was initially registered in favour of the appellants. The appellants had charged the suit property in favour of Kenya National Capital Corporation as security for a financial facility. Upon default on the appellants’ part, Kenya National Capital Corporation exercised its statutory power of sale and sold the suit property vide public auction to the respondent on 14th November, 1991. Thereafter, the appellants challenged the validity of the said sale but the High Court (Waki, J., as he then was) by a judgment dated 15th October, 2003 in H.C.C.C No. 6054 of 1991 consolidated with H.C.C.C No. 1181 of 1992, found that the auction was properly conducted and directed specific performance of the same. The suit property was eventually registered in favour of the respondent on 20th July, 2004.
2. Thereafter, efforts by the respondent to get vacant possession ca…