Bii & another v Kenya Commercial Bank & 2 others (Civil Appeal 276 & 318 of 2018 (Consolidated)) [2022] KECA 785 (KLR) (22 July 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 785
- Citation
- [2022] KECA 785 (KLR)
- Decided
- 22 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeals from the Judgment of the High Court of Kenya at NairobiCoramA.B. Shah, JW LESSIT, Jacob, KLR Tunoi, Odunga
Holding
The 1st and 2nd Appellants' appeals are found not to be merited and the decision of the High Court is affirmed.
Facts
The Respondent sued the 1st Appellant claiming to have bought the property known as Land Reference No. 209/9854 Nairobi by private treaty from the 2nd Appellant upon exercise of the statutory power.
Issues
- Undervalue sale of property
- Costs of the suit
Reasoning
The suit property was sold at an undervalue, and the Respondent was not guilty of fraud but paid a price clearly below what ought to have been paid. The Bank relied on an unsatisfactory valuation report.
Outcome
Appeals dismissed with costs to the Respondent
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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