ABDUL HAMIS KINYALA v. CRDB BANK AND ANOTHER (2015)

Sh 10,000.00

Mortgaged land auctioned by bank – buyer discovers later that the actual size is smaller than the size indicated in the certificate of title – bank not guilty of misrepresentation.

Category:

Description

  • Mortgaged land auctioned by bank – buyer discovers later that the actual size is smaller than the size indicated in the certificate of title – bank not guilty of misrepresentation.
  • Buyer registers land bought in auction before verifying the actual size of the land – buyer is stopped from claiming misrepresentation.
  • Doctrine of buyer beware (caveat emptor) in purchase of land auctioned by mortgagee after default by mortgagor.
  • Rights of mortgagee.
  • Default by mortgagor.