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WILLIAM MUTHEE MUTHAMI
V.
BANK OF BARODA

(2014) JELR 92911 (CA)

Court of Appeal 23 May 2014 Kenya
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- The appellant, William Muthee Muthami, purchased property from the respondent, Bank of Baroda, pursuant to a written agreement for Kshs. 15 million, but the transaction was later voided after it was found to have contravened a Court of Ap

Case Details

Suit Number:Civil Appeal 21 of 2006
Judges:Paul Kihara Kariuki, William Ouko, Jamila Mohammed
Location:Nairobi
Other Citations:William Muthee Muthami v. Bank of Baroda [2014] eKLR

JUDGMENT OF THE COURT

This is an appeal against the judgment of the High Court (Kasango, J.) rendered on 25th July 2005 in Nairobi HCCC No. 91 of 2004. In the suit, the appellant, William Muthee Muthami had sought an award of special damages in the sum of Kshs. 57,622,844/=, general damages, costs of the suit and interest.

According to the plaint, the appellant sued Bank of Baroda, the respondent claiming that there was between them a written agreement in which the latter, in exercise of its statutory power of sale, sold to the former a property known as L.R. No. 36/IV/14 (20A) located at Eastleigh, Nairobi at a consideration of Kshs. 15 million. The appellant was subsequently registered as the owner. Unknown to the appellant but known to the respondent, there was a order of the Court of Appeal in Civil Appeal No. 9 of 2001 restraining the respondent either by itself, its agents, assigns or otherwise from disposing the suit property pending the hearing and determination of High Court (M…

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