IN THE COURT OF APPEAL
AT NAIROBI
(Coram: Kwach, Tunoi and Shah JJ A)
CIVIL APPEAL NO 147 OF 1989
BETWEEN
HABIB BANK A. G. ZURICH.........................APPELLANT
AND
POP-IN (KENYA) .........................................RESPONDENT
RAJNIKANT K. SHAH...................................RESPONDENT
HASMUKU D. SUMARIA...............................RESPONDENT
RATILAL K. SHAH.......................................RESPONDENT
(Appeal from the order of the High Court of Kenya at Nairobi (Mr Justice Shields) dated the 27th day of October 1986
in
Civil Case No 2066 of 1986)
JUDGMENT
Kwach JA. On 21st January, 1981 Pop-In (Kenya) Ltd (the first respondent) executed a floating debenture in favour of Habib Bank AG Zurich (the appellant) to secure a loan of Shs 10,000,000/- granted to the first respondent by the appellant. This loan was also secured by two charges. The first charge dated 21st January, 1981 was given by Rajnikant Shah (the second respondent) and Hasmukh Sumaria (the third respondent) over their …