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FRANKART PRINTERS & STAIONERS & FRANCIS MBUGUA MWIHIA
V.
KENYA FINANCE CORPORATION LTD & NJOKA & KARIUKI (K) LTD

(1998) JELR 104332 (CA)

Court of Appeal 30 Apr 1998 Kenya
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- The 2nd applicant, Francis Mbugua Mwihia, charged two properties to the 1st respondent bank to secure overdraft and loan facilities, with all loan accounts later amalgamated into a single account. - The 1st respondent exercised its statut

Case Details

Suit Number:Civil Application Nai 82 of 1990
Judges:Johnson Evan Gicheru, Gurbachan Singh Pall, Philip Kiptoo Tunoi
Location:Nairobi
Other Citations:Frankart Printers & another v. Kenya Finance Corporation Ltd & Another [1998]eKLR

RULING OF THE COURT

By a charge dated 12th September, 1984 registered in the Land Titles Registry at Nairobi as Number I.R. 29214/4 (the charge), the second applicant, Francis Mbugua Mwihia, charged his piece of land known as Land Reference Number 12144/6 together with buildings and improvements thereon in favour of the 1st respondent for better securing to the 1st respondent repayment of an aggregate sum not exceeding Shs.700,000/=, to which extent the 1st respondent at the request of the 2nd applicant agreed to permit the 1st applicant to overdraw its account with the 1st respondent, subject to the terms and conditions of the charge.

It is a common ground that in the same year the 2nd applicant also charged another parcel of land belonging to him known as Nairobi/Block/273 in favour of the 1st respondent to secure repayment of two other loan accounts. By a mutual agreement between the applicants and the 1st respondent all the loan accounts of the 1st applicant were amalgamated into a …

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