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Benjoh Amalgamated Limited & Muiri Coffee Estate Limited v. Kenya Commercial Bank Limited

(2006) JELR 106840 (CA)

Court of Appeal  •  Civil Appeal 239 of 2004  •  31 Mar 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

Sometime in 1988, Kenya Commercial Bank Ltd., the Respondent herein, lent some money to Benjoh Amalgamated Ltd., the 1st Appellant herein, and as security for the loan, the 1st Appellant, together with Muiru Coffee Estate Ltd., the 2nd Appellant, charged to the Respondent their two parcels of land known as L.R.NOS 12411/1 and 12411/2 and a support guarantee of K.shs.7,000,000/- was executed as was a third charge over land known as L.R.10075 Kiambu District. The first two parcels i.e. L.R. No. 12411/1 and L.R. No. 12411/2 were in a place called Njabini and the loan advanced was to enable the 1st Appellant develop flower farming on the said parcels. As is not unusual in such transactions, the parties fell out over the terms of the loan or loans advanced with the Respondent claiming that the 1st Appellant had failed to honour the terms of the loan repayment and the 1st Appellant for its part claiming that the Respondent was itself in breach of the loan agreement(s) b…

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