judy.legal
Login Register

Kenya Commercial Bank Ltd v. Stephen Mukiri Ndegwa & Continental Marketing Limited

(2014) JELR 100073 (CA)

Court of Appeal  •  Civil Appeal 132 of 2008  •  11 Jul 2014  •  Kenya

Coram
Philip Nyamu Waki, George Benedict Maina Kariuki, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Introduction.

1. The appellant, Kenya Commercial Bank Limited (KCB) and the two Respondents, Stephen Mukiri Ndegwa (Ndegwa) and Continental Marketing limited (CML), in their cross appeal, challenge the following orders made by the High Court (Lesiit, J.) in its judgment delivered on 2nd May 2008:­

1 ) “Injunction be and is hereby issued restraining the defendant by itself or through its agents or advocates from interfering with the first plaintiff’s title in Nyandarua/Malewa/385 and Nyandarua/Malewa/489.

2 ) A declaration be and is hereby issued that the loan and /or overdraft granted to the second plaintiff by the defendant under account number [particulars withheld] has been fully and completely repaid and redeemed.

3 ) A declaration be and is hereby issued that the defendant does deliver title numbers Nyandarua/Malewa/385 and Nyandarua/Malewa/489 to the first plaintiff within 30 days from the date of service with this order duly discharged and released and free fro…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login