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NATIONAL BANK OF KENYA
V.
CAROL CONSTRUCTION ENGINEERS LIMITED & ANOR

(2022) JELR 113296 (CA)

Court of Appeal 16 Dec 2022 Kenya
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- The appellant, National Bank of Kenya Ltd, provided an overdraft facility to the 1st respondent, Carol Construction Engineers Ltd, secured by a charge over Title Nakuru Municipality/Block 2/58 and a guarantee by the 2nd respondent, Jeremi

Case Details

Suit Number:Civil Appeal E059 of 2021
Judges:Kathurima M'Inoti, JA Jamila Mohammed, JA Sankale ole Kantai, JA
Location:Nairobi

JUDGMENT

JUDGMENT OF KANTAI, JA

  1. The 1st respondent, Carol Construction Engineers Limited was granted banking facilities by the appellant, National Bank of Kenya Limited,in a letter dated February 18, 2008 to provide working capital in an overdraft limited at Kshs 2,500,000. The 2nd respondent Jeremiah Mwebi Mayieka gave a guarantee of Kshs 6,500,000 and in a charge dated March 15, 2005 Title Number Nakuru Municipality/Block 2/58 was charged as security for the said facility.

  2. It was claimed in an amended plaint filed at the High Court of Kenya at Nakuru that the 1st respondent (Carol Construction Engineers Limited) had been offered an overdraft facility Kshs 3,500,000 by the appellant, that the 2nd respondent (Jeremiah Mwebi Mayieka) had offered the said title to secure the loan; that the overdraft facility had been renewed between the years 2006 – 2010 but was not renewed in the year 2011; that the appellant had in 2012 stopped debiting interest on the overdraft facility pursuant to Sect…

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