Customer Support

MIDDLE EAST BANK KENYA LIMITED
V.
THALIA KATIA MARIA CASTANHA

(2016) JELR 99081 (CA)

Court of Appeal 30 Sep 2016 Kenya
BriefBot icon

BriefBot Summary

Free

- The appellant, exercising statutory power of sale, sold land parcel L.R MN 1581/I/MN by public auction, with the respondent declared highest bidder at Kshs. 9 million and paying a 25% deposit; a sale agreement (memorandum of sale) was exe

Case Details

Suit Number:Civil Appeal 20 of 2016
Judges:Milton Stephen Asike Makhandia JA William Ouko JA Kathurima M'inoti JA
Location:Mombasa
Other Citations:Middle East Bank Kenya Limited v. Thalia Katia Maria Castanha [2016] eKLR

JUDGMENT OF THE COURT

By an advertisement carried in a local daily, the Daily Nation on 27th January, 2006, the appellant advertised all that piece or parcel of land known as L.R MN 1581/I/MN (the suit premises) for sale by public auction through the firm of Thaara Auctioneers (the auctioneers) in the exercise of statutory power of sale. Following a successful bid at the auction on 24th February, 2006, the respondent was declared the highest bidder at Kshs.9 Million, pursuant to which she paid a deposit of Kshs.2,250,000/- being 25% of the bid price. A sale agreement was executed on the same day, between the respondent and the auctioneer. It was a term of the said agreement that the balance of the purchase price would be paid within sixty (60) days of the date of the agreement. However, this was not to be; for just after the payment of the deposit and execution of the agreement, the respondent learnt of a suit filed against the appellant by a third party, over the suit premises; the sa…

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.