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You searched for cases with the following details ; Filter Case Year : 2012. Court Name : Court of Appeal at Kisumu.
JOSHUA NYAMACHE T. OMASIRE V CHARLES KINANGA MAENA [2012] EKLR
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Case Number: Civil Appeal 151 of 2012 |
Date Delivered: 28 Nov 2012 |
Judge: J.W. Onyango Otieno, Alnashir Visram & R.N. Nambuye
Court: Court of Appeal at Kisumu
Parties: JOSHUA NYAMACHE T. OMASIRE v CHARLES KINANGA MAENA
Advocates:
Citation: JOSHUA NYAMACHE T. OMASIRE v CHARLES KINANGA MAENA [2012] eKLR
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LAWRENCE AYUKU MAINA V REPUBLIC[2012]eKLR
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Case Number: Criminal Appeal 648 of 2010 |
Date Delivered: 28 Nov 2012 |
Judge: ALNASHIR VISRAM, R. N. NAMBUYE & D. K. MARAGA
Court: Court of Appeal at Kisumu
Parties: LAWRENCE AYUKU MAINA V REPUBLIC
Advocates:
Citation: LAWRENCE AYUKU MAINA V REPUBLIC[2012]eKLR
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SEVENTH DAY ADVENTIST CHURCH ) EAST AFRICA LTD & 2 OTHERS V MASOSA CONSTRUCTION COMPANY LIMITED[2012]eKLR
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Case Number: Civil Appeal 157 of 2006 |
Date Delivered: 28 Nov 2012 |
Judge: J.W. ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court: Court of Appeal at Kisumu
Parties: SEVENTH DAY ADVENTIST CHURCH EAST AFRICA LTD & 2 OTHERS V MASOSA
CONSTRUCTION COMPANY LIMITED
Advocates:
Citation: SEVENTH DAY ADVENTIST CHURCH ) EAST AFRICA LTD & 2 OTHERS V MASOSA CONSTRUCTION COMPANY LIMITED[2012]eKLR
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NELSON YABESH BICHANGA V MARY B. OMARI & ANOTHER[2012]eKLR
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Case Number: Civil Appeal 43 of 2006 |
Date Delivered: 28 Nov 2012 |
Judge: J.W. ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court: Court of Appeal at Kisumu
Parties: NELSON YABESH BICHANGA V MARY B. OMARI & ANOTHER
Advocates:
Citation: NELSON YABESH BICHANGA V MARY B. OMARI & ANOTHER[2012]eKLR
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LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE[2012]eKLR
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Case Number: Civil Appeal 142 of 2007 |
Date Delivered: 28 Nov 2012 |
Judge: J.W.ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court: Court of Appeal at Kisumu
Parties: LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE
Advocates:
Citation: LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE[2012]eKLR
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SAVINGS AND LOAN KENYA LIMITED V MAYFAIR HOLDINGS LIMITED[2012]eKLR
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Case Number: Civil Appeal 152 of 2006 |
Date Delivered: 28 Nov 2012 |
Judge: Alnashir Ramazanali Magan Visram, David Kenani Maraga
Court: Court of Appeal at Kisumu
Parties: SAVINGS AND LOAN KENYA LIMITED V MAYFAIR HOLDINGS LIMITED
Advocates:
Citation: SAVINGS AND LOAN KENYA LIMITED V MAYFAIR HOLDINGS LIMITED[2012]eKLR
Issues:
ii. Who between the purchaser and the seller (selling under a statutory power of sale was liable to pay the land rent and rates up to the time of the sale of the immovable property?
iv. When does a chargor’s right of redemption over the charged property extinguish?
Mortgages and charges-equity of redemption- circumstances when equity of redemption of the chargor is extinguished–where land subject of a charge is registered in the exercise of power of sale in case of default – when does a chargor loose its right of redemption and what are his obligations before the property passes to the purchaser
''The purchaser shall be liable for payments of all land rent, rates and other outgoings and entitled to the receipt of all (if any ) rent or other incomings as at and from the date of the auction and (subject as hereinafter provided) and the same shall be apportioned between the parties as at the date and the amount found so due by or as the case may be to the purchaser shall be paid with or deducted from the balance of the purchase price on the completion date PROVIDED THAT no claim may be made by the purchaser against the vendor which relate to the period after the auction.”
1. The general rule is that the intention of the parties to an agreement should be ascertained from the document as it is deemed that what the parties intended is what was stated in the agreement.
3. The literal interpretation Clause 13 of the Agreement clearly established that the intention of the parties was to place an obligation on the appellant to pay the land rent and rates that had accrued before the date of the auction. Equally, the appellant was entitled to any rent or income from the party until the date of the auction.
5. The charged property in this case was registered under the RLA. Section 72 (1) of the RLA provides that a Chargor's right of redemption over the charged property is extinguished when the property is sold by the Chargee in exercise of its statutory power of sale.
7. Under section 69 (1) (b)and (j) of the RLA, there are implied terms that are imposed on all charges under the Act which entitle the Chargee to recover any land rent/outgoings it pays over the security as a result of the Chargor's default as part of the principal amount due to it. This was also expressly provided under Clause 6 (1) and 8 of the charge between the appellant and the Chargor. It would therefore be unreasonable for the appellant to insist that the respondent meets land rates relating to a period before the auction sale while the appellant has a legal right under the charge to recover the same from the proceeds of the sale.
Appeal dismissed.
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REPUBLIC V DISTRICT LAND ADJUDICATION OFFICER, TRANS-MARA DISTRICT) SAMSON KISERIAN KILERAI[2012]eKLR
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Case Number: Civil Appeal 159 of 2006 |
Date Delivered: 28 Nov 2012 |
Judge: J.W.ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court: Court of Appeal at Kisumu
Parties: REPUBLIC V DISTRICT LAND ADJUDICATION OFFICER, TRANS-MARA DISTRICT)
SAMSON KISERIAN KILERAI
Advocates:
Citation: REPUBLIC V DISTRICT LAND ADJUDICATION OFFICER, TRANS-MARA DISTRICT) SAMSON KISERIAN KILERAI[2012]eKLR
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ELISHA OKEA OGOLA V JOB OGINGA OGOLA[2012]eKLR
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Case Number: Civil Appeal 108 of 2012 |
Date Delivered: 28 Nov 2012 |
Judge: J. W. ONYANGO OTIENO, ALNASHIR VISRAM & R. N. NAMBUYE
Court: Court of Appeal at Kisumu
Parties: ELISHA OKEA OGOLA V JOB OGINGA OGOLA
Advocates:
Citation: ELISHA OKEA OGOLA V JOB OGINGA OGOLA[2012]eKLR
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George Arunga Sino T/A Jone Brooks Cons Ultants Limited V Patrick J.O. & Geofrey D.O. Yogo T/A Atieno, Yogo & Co. Advocates [2012] EKLR
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Case Number: Civil Appeal 35 of 2007 |
Date Delivered: 11 Oct 2012 |
Judge: John walter Onyango Otieno, Martha Karambu Koome, Wanjiru Karanja
Court: Court of Appeal at Kisumu
Parties: George Arunga Sino T/A Jone Brooks Cons Ultants Limited v Patrick J.O. & Geofrey D.O. Yogo T/A Atieno, Yogo & Co. Advocates
Advocates:
Citation: George Arunga Sino T/A Jone Brooks Cons Ultants Limited v Patrick J.O. & Geofrey D.O. Yogo T/A Atieno, Yogo & Co. Advocates [2012] eKLR
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Stephen Marwa Mwita Mwisari V Republic [2012] EKLR
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Case Number: Criminal Appeal 308 of 2009 |
Date Delivered: 11 Oct 2012 |
Judge: Alnashir Ramazanali Magan Visram, David Kenani Maraga, Roselyn Naliaka Nambuye
Court: Court of Appeal at Kisumu
Parties: Stephen Marwa Mwita Mwisari v Republic
Advocates:
Citation: Stephen Marwa Mwita Mwisari v Republic [2012] eKLR
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