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Charles Nzau Ndeto the Administrator of the Estate of the Late Reuben Mutua v. Euro Bank Limited (In Liquidation)

(2008) JELR 103257 (CA)

Court of Appeal  •  Civil Appli 52 of 2008  •  6 Jun 2008  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

RULING OF THE COURT

The genesis of this notice of motion before us dated 31st March 2008 and filed in the Court on 3rd April 2008 is traced from the affidavit in support of the application, and from the record as read together with the replying affidavit filed by the respondent on 6th May 2008. Briefly, these are that the late Reuben Mutua who passed on on 17th July 2000, and whose estate is being administered by Charles Nzau Ndeto, the applicant herein, was together with one Mary Syombua Ndeto, the registered owners of property registered as L.R No. NAIROBI BLOCK 209/10482/75 (subject property) situated in Nairobi in the Republic of Kenya. By a legal charge dated 20th May 1998, they offered the subject property as security for an overdraft facility in the sum of Ksh.3.4 million which was advanced to Matex Commercial Supplies Limited by the respondent, Euro Bank Ltd., which was later placed under liquidation. The instruments for the same were dully executed by the late Reuben Mutua and…

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