R U L I N G
On or before 11th November 2005, Joseph Gitahi Gachau and Beatrice Wangechi Gitahi were the registered owners of property LR. No. 14970/49 situated at Evergreen Estate off Kiambu Road in Nairobi. This property was secured through a Housing Loan Scheme introduced by the second respondent, Pioneer Assurance Company Ltd. which later after change of name assumed the name of the first respondent namely Pioneer Holdings (Africa) Limited. The applicants acquired the same property through the same loan scheme and thus secured the property through a mortgage. Later, it would appear, differences arose on the repayment of the same loan and on 11th November 2005, the subject property was sold to the third respondent, Evelyn Waleghwa Ng’ang’a at a public auction held on that day. The applicants were not amused as they felt that the first and second respondents in causing the property to be sold had failed to consider salient conditions that obtained when the loan was granted and particu…