Francis Ngarama Kiratu v Equity Bank Limited & 2 others [2021] KECA 777 (KLR)
- Court
- Court of Appeal
- Case number
- 777
- Citation
- [2021] KECA 777 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution against the ruling of the High CourtCoramR.N. NAMBUYE, ASIKE-MAKHANDIA, S. ole KANTAI
Holding
The Motion fails and is dismissed with no order on costs.
Facts
The applicant Francis Ngarama Kiratu was registered as the proprietor of a parcel of land, L.R. No. Laikipia/OL’ARABEL/253, which he offered to Equity Bank Limited as security for a loan. The loan was not serviced, and the bank advertised the property for sale. The applicant claims the sale was undervalued and breached his constitutional and statutory rights.
Issues
- Whether proper statutory notice was served
- Whether the suit land was sold at an undervaluation
Reasoning
The applicant did not demonstrate that the appeal was arguable, and the suit land having been sold, the appeal would not be rendered nugatory.
Outcome
Dismissed
Authorities cited
Cases cited (1)
- Stanley Kinyanjui Kangethe v Tony Ketter & Others [2013] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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