CHARLES OKOYO JAKAMUMBO V MARTIN OCHIENG OKETCH [2012] KEHC 669 (KLR)
- Court
- High Court of Kenya
- Case number
- 669
- Citation
- [2012] KEHC 669 (KLR)
- Decided
- 9 October 2012
The Court allows the application as prayed. It is satisfied that at the time of settling the terms for the execution of the decree in Msa CMCC No. 4080 of 2002, the chargees' interest should have been disclosed. That interest cannot be defeated by the sale that took place thereafter.
Facts
The plaintiff, Charles Okoyo Jakamumbo, filed a motion against the defendant, Martin Ochieng Oketch, and applicants Majid Said & Warda Omar. The respondent, Kenya Commercial Bank Limited, was also involved as a respondent/applicant. The motion was dated 23rd July 2012.
Issues
- Disclosure of chargees' interest at the time of settling the terms for the execution of a decree
- Defeat of the interest by a subsequent sale
Reasoning
The court ruled that the chargees' interest should have been disclosed at the time of settling the terms for the execution of the decree in Msa CMCC No. 4080 of 2002, and that this interest cannot be defeated by the subsequent sale.
Outcome
The application is allowed.
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