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Kairu Enterprises Ltd & Lucy W Kairu & Munene Kairu v. Housing Finance Co of Kenya Ltd

(2006) JELR 105145 (CA)

Court of Appeal  •  Civ Appli 73 of 2006  •  1 Dec 2006  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno



The second applicant in this notice of motion, Mrs. Lucy W. Kairu, is the Managing Director of the first applicant, Kairu Enterprises Limited. She is also the administratrix of the estate of the late Hon. Munene Kairu, and in that capacity, she is the third applicant. The second applicant and the late Munene Kairu were the two directors of the first applicant. The first applicant applied for and obtained a loan of Ksh.4,500,000/= from the respondent, Housing Finance Company of Kenya Limited. A letter of offer for that loan is dated 10th May, 1995. That letter of offer was signed by David Munene Kairu and the second applicant, Lucy Wangechi Kairu, on 15th May 1995 and it contained nine special conditions. For purposes of this ruling, condition number seven may be cited. It states:

“The offer is subject to a life insurance quotation from ICEA.”

Apart from the nine special conditions in the letter of offer dated 10th May, 1995, there was another letter which was addresse…

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