JOSHUA NYAMACHE T. OMASIRE V CHARLES KINANGA MAENA [2012] EKLR | ||
| Civil Appeal 151 of 2012 | 28 Nov 2012 | |
J.W. Onyango Otieno, Alnashir Visram & R.N. Nambuye
Court of Appeal at Kisumu
JOSHUA NYAMACHE T. OMASIRE v CHARLES KINANGA MAENA
JOSHUA NYAMACHE T. OMASIRE v CHARLES KINANGA MAENA [2012] eKLR
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LAWRENCE AYUKU MAINA V REPUBLIC[2012]eKLR | ||
| Criminal Appeal 648 of 2010 | 28 Nov 2012 | |
ALNASHIR VISRAM, R. N. NAMBUYE & D. K. MARAGA
Court of Appeal at Kisumu
LAWRENCE AYUKU MAINA V REPUBLIC
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 | ||
| Civil Appeal 157 of 2006 | 28 Nov 2012 | |
J.W. ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court of Appeal at Kisumu
SEVENTH DAY ADVENTIST CHURCH EAST AFRICA LTD & 2 OTHERS V MASOSA CONSTRUCTION COMPANY LIMITED
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 | ||
| Civil Appeal 43 of 2006 | 28 Nov 2012 | |
J.W. ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court of Appeal at Kisumu
NELSON YABESH BICHANGA V MARY B. OMARI & ANOTHER
NELSON YABESH BICHANGA V MARY B. OMARI & ANOTHER[2012]eKLR
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LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE[2012]eKLR | ||
| Civil Appeal 142 of 2007 | 28 Nov 2012 | |
J.W.ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court of Appeal at Kisumu
LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE
LEONOLA NERIMA KARANI V WILLIAM WANYAMA NDEGE[2012]eKLR
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SAVINGS AND LOAN KENYA LIMITED V MAYFAIR HOLDINGS LIMITED[2012]eKLR | ||
| Civil Appeal 152 of 2006 | 28 Nov 2012 | |
Alnashir Ramazanali Magan Visram, David Kenani Maraga
Court of Appeal at Kisumu
SAVINGS AND LOAN KENYA LIMITED V MAYFAIR HOLDINGS LIMITED
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 | ||
| Civil Appeal 159 of 2006 | 28 Nov 2012 | |
J.W.ONYANGO OTIENO, ALNASHIR VISRAM & R.N. NAMBUYE
Court of Appeal at Kisumu
REPUBLIC V DISTRICT LAND ADJUDICATION OFFICER, TRANS-MARA DISTRICT) SAMSON KISERIAN KILERAI
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 | ||
| Civil Appeal 108 of 2012 | 28 Nov 2012 | |
J. W. ONYANGO OTIENO, ALNASHIR VISRAM & R. N. NAMBUYE
Court of Appeal at Kisumu
ELISHA OKEA OGOLA V JOB OGINGA OGOLA
ELISHA OKEA OGOLA V JOB OGINGA OGOLA[2012]eKLR
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Stephen Marwa Mwita Mwisari V Republic [2012] EKLR | ||
| Criminal Appeal 308 of 2009 | 11 Oct 2012 | |
Alnashir Ramazanali Magan Visram, David Kenani Maraga, Roselyn Naliaka Nambuye
Court of Appeal at Kisumu
Stephen Marwa Mwita Mwisari v Republic
Stephen Marwa Mwita Mwisari v Republic [2012] eKLR
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Robert Ombaso Nyareru & Another V Beldina Mokaya [2012] EKLR | ||
| Civil Appeal 200 of 2011 | 11 Oct 2012 | |
John walter Onyango Otieno, Martha Karambu Koome, Wanjiru Karanja
Court of Appeal at Kisumu
Robert Ombaso Nyareru & Gusii County Council v Beldina Mokaya
Robert Ombaso Nyareru & another V Beldina Mokaya [2012] eKLR
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