IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, LAKHA and KEIWUA, JJ.A.)
CIVIL APPEAL NO. 80 OF 2000
BETWEEN
NARENDRA KUMAR JASHBAI PATEL ............................... APPELLANT
AND
BANK OF BARODA ........................................................... RESPONDENT
(Appeal from an Order of the High Court of Kenya at Nairobi
(Commissioner of Assize Gacheche) dated the 4th day of
November, 1999
in
H.C.C.C. NO. 234 OF 1997
RULING OF LAKHA, J.A.
The appellant was the judgment debtor in a judgment against him in the High Court of Justice, Queen's Bench Decision, United Kingdom . The respondent obtained judgment against him on 7 January 1997 for sterling pounds 3,536,488.55 together with a sum of sterling pounds 607,633.87 being interest thereon and costs. The bank sought to enforce the judgment in Kenya, under The Foreign Judgments (Reciprocal Enforcement) Act (CAP 43) (the Act) and obtained registration of a foreign judgment in the superior court on 19 November, 1997.
The appellant brought an …