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Kenindia assurance Company Limited v. Commercial Bank of Africa Limited, Njoroge Mungai & Surender Jethlal Shah

(2006) JELR 100189 (CA)

Court of Appeal  •  Civil Appeal 11 of 2000  •  8 Dec 2006  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the superior court (P.J. Ransley – Commissioner of Assize – as he then was – “the Commissioner”) delivered on 24th November, 1999 in which the learned Commissioner gave summary judgment in favour of the plaintiff Commercial Bank of Africa Ltd against the 1st Defendant Kenindia Assurance Co. Ltd in the High Court Civil Case No. 1347 of 1998.

By a plaint dated 18th June, 1998 Commercial Bank of Africa Ltd as the plaintiff sued Kenindia Assurance Company Ltd as 1st Defendant, Njoroge Mungai as 2nd Defendant and Surendra Jethalal Shah as the 3rd Defendant. In that plaint the plaintiff sought judgment to be entered against the defendants as follows: -

“(a) As against the 1st Defendant: -

(i) Principal amount under the Financial Guarantees as at the date of first demand namely 13th November, 1997 .............. Kshs. 20,000,000/=.

(ii) Interest on (i) above at the rate of 31.5% per annum from 13th November, 1997 until 31st May, 1998 ....…

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