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Kenya Deposit Insurance Corporation (as Liquidator of Dubai Bank Kenya Limited) v. Rapid Communications Limited, Albright Holdings Limited & Garam Investments Auctioneers; Bank of Africa Kenya Limited, S. Gichuki Waigwa & Sultan Palace Development (Interested Party)

(2019) JELR 100066 (CA)

Court of Appeal  •  Civil Appeal 194 of 2018  •  19 Jul 2019  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

'Functus Officio' is a Latin phrase which literally means an officer or agency whose mandate has expired at the expiry date or an agency that has accomplished the purpose for which it was created. But it has a deeper legal meaning. We are called upon in this short interlocutory appeal to determine whether the High Court (Olga Sewe, J.) who delivered a ruling on 22nd December, 2017 and made a 'Further order'to hear the parties on one aspect of that ruling, had the power to do so or was functus officio . We are also called upon, in a cross appeal, to determine whether the court erred in failing to make an order for discharge of mortgaged property after the amount owed was deposited in court.

There is a multiplicity of parties involved and it is prudent to understand their relationship up front. The appellant is the official liquidator of Dubai Bank Kenya Ltd (Dubai bank) which has collapsed. We shall henceforth refer to it as KDIC which is represented before us by le…

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