JUDGMENT OF THE COURT
In or about 29th June, 1983, Mark N. Mutua, the husband of the respondent, Flora Warua Nyaga, purchased a house situated on Land Reference No. Nairobi/Block 72/1208, hereinafter referred to as "the suit property", from the developers Civil Servants Housing Company Limited with the assistance of a loan of Shs.286,200/= provided by the appellant, Savings and Loan (K) Limited, and secured by a charge in the appellant's favour on the suit property.
It is common knowledge that Mark N. Mutua soon fell into arrears in servicing the mortgage and the appellant in exercise of its statutory powers of sale conferred upon it under the provisions of Section 74 of the Registered Land Act decided to realise the security by sale of the suit property.
The respondent, to forestall the threatened action, filed suit Machakos H.C.C.C. NO. 405 of 1995 (now Nairobi H.C.C.C. NO. 3422 of 1995) against her husband and the appellant seeking an injunction restraining them from alienating or dis…