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STEPHEN WANYEE ROKI
V.
K-REP BANK LIMITED & 2 ORS

(2015) JELR 93271 (CA)

Court of Appeal 25 Sep 2015 Kenya
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Case Details

Suit Number:Civil Application Sup 2 of 2015
Judges:Martha Karambu Koome, Festus Azangalala, Sankale ole Kantai
Location:Nairobi
Other Citations:Stephen Wanyee Roki v. K-Rep Bank Limited & 2 others[2015] eKLR

RULING OF THE COURT

[1] The applicant, Stephen Wanyee Roki, filed a Notice of Motion under Article163 (4) (b) of the Constitution and Rule 42 of the Court of Appeal Rules. The applicant is seeking for certification that matters of general public importance regarding the ruling of this Court issued on 13th February, 2015 in Civil Application No. Nai 264 of 2013, so as to file an appeal before the Supreme Court.

[2] The brief facts discernable from the scanty record that is before us are as follows;- on or about the year 2005, K – Rep Bank, the 1st respondent, advanced the applicant an overdraft facility of Kshs 1.3 million which was secured by a charge over the applicants plots at Dagoretti/Riruta, Nairobi. The loan proceeds were supposed to be utilized to execute a contract of construction of a school that the applicant was awarded through tender by the then City Council of Nairobi, the 2nd respondent. Unfortunately the applicant failed to service the loan as he alleged the City Council…

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