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DIAMOND TRUST BANK KENYA LIMITED (FORMERLY DIAMOND TRUST OF KENYA LIMITED) v. JASWINDER SINGH ENTERPRISES

(1999) JELR 102970 (CA)

Court of Appeal  •  civ app 285 of 98  •  2 Jul 1999  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Effie Owuor

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GICHERU, TUNOI and OWUOR, JJ.A)

CIVIL APPEAL NO. 285 OF 1998

BETWEEN

DIAMOND TRUST BANK KENYA LIMITED

(formerly DIAMOND TRUST OF KENYA LIMITED) .............APPELLANT

AND

JASWINDER SINGH ENTERPRISES..........................RESPONDENT

(Appeal from the Ruling and Order of the High Court of

Kenya at Milimani Commercial Courts, Nairobi (Hon. Justice Kuloba) dated 26th November, 1998

in

H.C.C.C No. 657 of 1998)

*******************

JUDGMENT OF OWUOR, J.A

The appellant herein, Diamond Trust Bank Kenya Ltd., formerly known as Diamond Trust Kenya Limited is dissatisfied with the ruling of the superior court (Kuloba J.) in which the learned Judge granted the respondent/plaintiff's application and thereafter ordered the release of several vehicles that had been repossessed by the appellant/defendant. The facts of the case as stated in the plaint dated and filed in court on 29th October, 1998 were not in much dispute.

The respondent who des…

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