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Daima Bank Limited (In Liquidation) v. David Musyimi Ndetei

(2018) JELR 102951 (CA)

Court of Appeal  •  Civil Appeal 171 of 2010  •  9 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. This is an appeal by Daima Bank Kenya Limited (in liquidation), hereinafter the appellant, from the judgment and decree of the High Court of Kenya at Nairobi issued on 11th October, 2005 by Lady Justice Mary Kasango allowing the claim by Prof. David Musyimi Ndetei, the respondent herein.

The respondent filed suit by way of plaint against the appellant before the High Court at Nairobi seeking judgment for the liquidated sum of Shs.15,359,072.82, declaratory reliefs challenging the statutory notices of sale issued to him, reimbursement of certain debits made to the respondent’s account, the method used to calculate the penalty and interest charges and a prohibitory injunction restraining the appellant from exercising statutory power of sale or otherwise in respect of Land Reference Number 1504/13 Athi River (the suit property).

2. In its defence, the appellant disputed the claim arguing that it had at all times acted within the law and the contract by way of charge…

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