Customer Support

MBUTHIA
V.
JIMBA CREDIT FINANCE CORPORATION & ANOTHER

(1988) JELR 104549 (CA)

Court of Appeal 12 Jul 1988 Kenya
BriefBot icon

BriefBot Summary

Free

- The appellant mortgaged his property (Nairobi/Block 73/225) to secure a loan from the 1st respondent, Jimba Credit Corporation Ltd; upon default, the 1st respondent exercised its statutory power of sale under section 77(1) of the Register

Case Details

Suit Number:Civil Appeal 111 of 1986
Judges:Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, Harold Grant Platt
Location:Nairobi
Other Citations:Mbuthia v. Jimba Credit Finance Corporation & another[1988] eKLR

JUDGMENT

July 12, 1988, Platt JA delivered the following Judgment.

The Appellant, Mr. Mbuthia appeared for himself and raised a number of grounds of appeal against the order of Schofield J who refused a temporary injunction pending the hearing of the suit. Mr. Kembi who appeared for the respondents answered the Appellant’s complaints in such a way that wide ranging and interesting considerations arose. Apaloo JA has set out a good deal of the way decisions have been made concerning this branch of the law. But it is right at the beginning of this discussion to ascertain precisely what suit the Appellant has brought.

The plaint of the Plaintiff Mbuthia reveals that in the month of February 1986 the Plaintiff borrowed Kenya Shillings 210,000/- to develop his house Nairobi/Block 73/225, the interest of the loan being the high sum of 19%. The loan was to be paid by monthly instalments. But although the Plaintiff had been repaying this debt, due to the high interest rate, the amount outstandin…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.