judy.legal
Login Register

Kenya Hotels Ltd v. Oriental Commercial Bank Ltd (Formerly known as The Delphis Bank Limited)

(2019) JELR 100044 (CA)

Court of Appeal  •  Civil Appeal 252 of 2009  •  25 Oct 2019  •  Kenya

Coram
William Ouko, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OUKO, (P), GATEMBU and KANTAI, JJ.A)

CIVIL APPEAL NO. 252 OF 2009

BETWEEN

KENYA HOTELS LTD..............................................................APPELLANT

AND

ORIENTAL COMMERCIAL BANK LTD

(Formerly known as THE DELPHIS BANK LIMITED)........RESPONDENT

(Appeal from the Judgement/Decree of the High Court of Kenya at Nairobi (Mr. Justice Luka Kimaru) dated the 28th August 2009

in

HCCC No. 195 of 2005 (OS)

********

JUDGMENT OF W. OUKO (P)

At the centre of this dispute is a Memorandum of Equitable Mortgage by Deposit of Documents of Title dated 3rd April, 2001 and registered on 5th April, 2001 in favour of Delphis Bank Limited, the predecessor of the respondent in respect of a bridging loan facility of Kshs. 60,000,000 advanced to the appellant by the latter. To secure the facility, the appellant deposited with the respondent a certified copy of title to Land Reference Nos. 6291/1 and 6901. When the appellant defaulted in the repayment, the respondent took…

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