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KENYA COMMERCIAL BANK LTD
V.
MWANZAU MBALUKA & LAZARUS KITILI VETU

(1998) JELR 100342 (CA)

Court of Appeal 5 Jun 1998 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO.274 OF 1997
Judges:Gurbachan Singh Pall, Samuel Elikana Ondari Bosire
Location:Nairobi
Other Citations:KENYA COMMERCIAL BANK LTD v. MWANZAU MBALUKA & ANOTHER[1998]eKLR

JUDGMENT OF THE COURT

This is an appeal from the decree of the superior court (Osiemo, J.) given on 17th June, 1994, at Machakos, in which the learned Judge dismissed a liquidated claim by the appellant, Kenya Commercial Bank Ltd, of Kshs.117,237.70, and ordered that Kshs.15,000/= be refunded to, presumably both respondents herein, Mwanzau Mbaluka and Laxarus Kitili Vetu, who were the Ist and second defendants respectively. In this judgement we shall refer to them as the Ist and second respondent respectively. The facts giving rise to the litigation between the parties are short.

Sometime in September, 1988, the appellant at the request of the 2nd respondent agreed to grant him financial accommodation from time to time of such nature and in such manner as it would deem fit, provided that appropriate security and guarantee was furnished. At the request of the 2nd respondent the first respondent executed an instrument of charge on 16th September, 1988, by which he charged his parcel of la…

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