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Kenya Commercial Bank Limited v. Pickwell Properties Limited

(2020) JELR 100083 (CA)

Court of Appeal  •  Civil Appeal 165 of 2016  •  24 Jul 2020  •  Kenya

Coram
Sankale ole Kantai

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: SICHALE, J. MOHAMMED and KANTAI JJ.A)

CIVIL APPEAL NO. 165 OF 2016

BETWEEN

KENYA COMMERCIAL BANK LIMITED............................APPELLANT

VERSUS

PICKWELL PROPERTIES LIMITED................................RESPONDENT

(Appeal from the Judgment and Decree of the High Court of Kenya

at Nairobi, (Ogola, J.) dated 20th March, 2013

in

H.C.C. C. NO. 544 OF 2011)

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

JUDGMENT OF J. MOHAMMED, JA.

Background

1. This is an appeal by KENYA COMMERCIAL BANK LIMITED (the appellant who was the respondent in the High Court) against PICKWELL PROPERTIES LIMITED (the respondent who was the plaintiff in the High Court). The appellant was aggrieved by the judgment of the High Court, (Ogola,J) which found in favour of the respondent and determined that the appellant had breached various terms of the tenancy agreement between the parties.

2. The brief background of the appeal as can be gleaned from the plaint is that by a letter of offer dated 29th November, 1993 …

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