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ERICK KIMINGICHI WAPANG'ANA & ANOTHER
V.
EQUITY BANK LIMITED & ANOTHER

(2015) JELR 98366 (CA)

Court of Appeal 17 Nov 2015 Kenya
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Case Details

Suit Number:Civil Appeal 23 of 2015
Judges:David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Erick Kimingichi Wapang'ana & another v. Equity Bank Limited & another [2015] eKLR

JUDGMENT OF THE COURT

The dispute giving rise to this appeal relates to an overdraft facility of Kes.7.8 million that the 1st respondent extended to the appellants in December, 2009. The facility was in the form of a letter of credit that the 1st respondent opened to enable the appellants to purchase 100 units of TVS motor bikes from Car and General (Trading) Ltd (Car and General). The facility was secured by a legal charge over the appellants’ pieces of land known as Title No. Ebukusu/South Kanduyi/13584, and Title Nos. Ebukusu/South Kanduyi/816 and 2741 as well as a chattels mortgage over the appellants’ moveable assets.

The appellants claim that Car and General delivered to them only 62 units. They further claim that despite advising the 1st respondent of that delivery and instructing it to disburse only Kes.4 million being the value of those 62 units, the 1st respondent went ahead and disbursed the entire sum of Kes.7.8 million and debited the amount to the appellant’s account. To m…

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