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Kenya Commercial Bank Limited v. Shalimar Flowers Self Help Group

(2018) JELR 100080 (CA)

Court of Appeal  •  Civil Appeal 84 “A” of 2016  •  22 Nov 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal arising from the Judgment of Hon. Lady Justice C. Meoli, dated and delivered on 18th March, 2016 in Naivasha HCCC No. 17 of 2015 (Formerly Nakuru HCCC No. 297 of 2009).

The background to the appeal is that the respondent is a self-help group duly registered as a society under the Societies Act. Its membership was mainly drawn from flower farm workers at Shalimar Flowers Company, Naivasha. In the year 2008, when the impugned transactions were undertaken, the respondent’ office bearers were Amos Sitati Wamalwa (Chairman), Mark Odongo (Vice Chairman), Philip Hambani (Ambani) Ngutuku (Secretary) and Sitienei Yego (Treasurer). The group operated several bank accounts with the appellant. Among them were the two bank accounts subject of this appeal. The signatories to the said bank accounts at any one particular time were any four (4) current top officials of the respondent with James Kelmanson, the then General Manager of Shalimar Flowers Company, and a…

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