Customer Support

FINA BANK LIMITED
V.
SPARES & INDUSTRIES LIMITED

(2000) JELR 104177 (CA)

Court of Appeal 10 Nov 2000 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:civ app 51 of 00
Judges:Amrittal Bhagwanji Shah Philip Kiptoo Tunoi Emmanuel Okello O'Kubasu
Location:Nairobi
Other Citations:FINA BANK LIMITED v. SPARES & INDUSTRIES LIMITED [2000]eKLR

JUDGMENT OF TUNOI, J.A.

The main issue in this appeal is whether the right by the appellant to appoint a Receiver had become exercisable under the terms of the Debenture dated 3rd July, 1997, which was issued pursuant to the agreement on credit facilities between the appellant and the respondent.

The appellant, on or about 6th February, 1997, agreed to grant to the respondent a term loan of Shs.20 million and an overdraft of Shs.55 million. As security the respondent would create in favour of the appellant firstly, legal charges over L.R.Nos.209/3467; 209/3803, 37/724, 209/11894, 209/10544/16 and Kisumu Block 11/80 all valued at Shs.77 million; secondly, a Debenture for Shs.75 million over all the assets of the respondent, and; thirdly, a joint and several guarantee for a similar sum by the two directors of the respondent company.

Both facilities attracted such rate of interest as the appellant in its sole and absolute discretion may decide from time to time but with an initial rate of 3…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.