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EMBAKASI MANAGEMENT LIMITED & 8 ORS
V.
IMPERIAL BANK LIMITED (IN RECEIVERSHIP) & ANOR

(2022) JELR 113364 (CA)

Court of Appeal 21 Jan 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 113 OF 2019
Judges:SG KAIRU, JA A MBOGHOLI-MSAGHA, JA P NYAMWEYA, JA
Location:Mombasa

JUDGMENT

  1. The Appellants herein are private limited liability companies that form part of the Milly Group of Companies. They have filed this appeal against the decision by the High Court to dismiss a constitutional petition they had filed therein. The said petition was supported by affidavits sworn by Mohamed Rashid, the General Manager of Milly Group of Companies, and also a director and a shareholder of the Appellant companies. A glance of the said pleadings reveal the following facts. The Appellants held current and fixed deposit accounts with the 1st Respondent, a limited liability company licensed to carry on banking business, until it was placed under receivership by the Central Bank of Kenya on 13th October 2015. The Central Bank of Kenya in exercise of its statutory powers thereupon appointed the 2nd Respondent as the Receiver Manager of the 1st Respondent.

  2. On 11th December 2015, 19th July 2016, and 28th December 2016 the 2nd Respondent issued press releases to the depositors of …

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