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Kenya Hotels Limited v. Oriental Commercial Bank Limited

(2018) JELR 100046 (CA)

Court of Appeal  •  Civil Appeal 252 of 2009  •  23 Feb 2018  •  Kenya

Coram
Kathurima M'inoti

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

CORAM: M’INOTI, J.A. (IN CHAMBERS)

CIVIL APPEAL NO. 252 OF 2009

BETWEEN

KENYA HOTELS LIMITED...............................APPLICANT

AND

ORIENTAL COMMERCIAL BANK LIMITED ............. RESPONDENT

(An application for leave to amend the memorandum of appeal against the judgment of the High Court of Kenya at Nairobi (Kimaru, J.) dated 28th August 2009

in

HCCC No. 195 of 2005(OS))

************

RULING

The Motion on Notice to which this ruling relates seeks leave to amend the Memorandum of Appeal filed by the applicant, Kenya Hotels Limited, some eight years ago, on 22nd October 2009. The dispute in the High Court, which resulted in the appeal by the appellant, started way back in 2004, and the judgment, the subject of the appeal, was rendered on 28th August 2009.

By way of background, in or about 2004, the respondent, Oriental Commercial Bank Limited, filed against the applicant, HCCC No. 1179 of 2004 (OS) which subsequently became HCCC No. 195 of 2005 (OS). In the suit …

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