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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

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




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…

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