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

(2008) JELR 100072 (CA)

Court of Appeal  •  Civil Appli. Nai 115 of 2008 (70/2008)  •  31 Oct 2008  •  Kenya

Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu



The applicant, KENYA COMMERCIAL BANK, by this application expressed to be brought under rule 5(2) of the Rules of this Court seeks an order for stay of execution of the judgment of the superior court made in Nairobi H.C.C.C No. 172 of 1997 and delivered on 2nd May, 2008 pending the hearing and determination of its appeal being Civil Appeal No. 132 of 2008.

The subject matter of the dispute which gave rise to this application relates to accounts held by the respondents in the applicant bank. The respondents aver that between 1987 to about 1989 they applied for overdraft facilities from the applicant which it agreed to grant on the condition that security was provided. This requirement was duly complied with and the advance was subsequently credited in favour of the respondents. In or about 1993 the respondents received US $ 144,037.65 from Pakistan with instructions that it be credited into their account. It is their case before the superior court that their instructi…

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