Rufus & another v African Banking Corporation Limited; Athman (Interested Party) (Civil Appeal 24 of 2019) [2024] KECA 935 (KLR) (2 August 2024) (Judgment)

Facts

The appellants, David Kimemia Rufus and Lucy Wanjiku Kimemia, filed an Originating Summons against the respondent, African Banking Corporation Limited, seeking a declaration that the respondent is not entitled to exercise its equity of redemption over a specific land title due to the refusal to advance a loan secured by the title. The appellants also sought orders for the refund of a deposit paid by the interested party and general damages.

Issues

1. The learned judge misdirected herself in law and in fact by considering extraneous matters.
2. The learned judge erred in law and fact by holding that the appellants were not entitled to withhold the sum of Kshs. 1,580,000.
3. The learned judge misdirected herself in law and fact when she found that the letter of offer signed by the interested party created an informal charge.

Reasoning

The court found that the learned judge misdirected herself in law and in fact by considering extraneous matters and by holding that the appellants were not entitled to withhold the sum of Kshs. 1,580,000.

Outcome

Appeal upheld

Authorities cited