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Keziah Njambi Maingi t/a Arrivals Textile Shop v. Barclays Bank of Kenya Limited

(2014) JELR 99871 (CA)

Court of Appeal  •  Civil Appeal 307 of 2013  •  14 Nov 2014  •  Kenya

Coram
George Benedict Maina Kariuki, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGEMENT OF THE COURT

This appeal is in respect of the ruling and orders in an application where the High Court declined to grant an injunction on the basis that the appellant, Keziah Njambi Maingi trading as Arrivals and Textile Shop was not a Chargor, and had no legal interest in LR No. 25404 Grant IR 87128/1 Tigoni (“the charged property”), contrary to the pleadings and documentary evidence on the record.

The facts of the case are that Keziah Njambi Maingi (“Keziah”) and her late husband Samuel Maingi Kibe trading as Arrivals and Textile Shop (“the Borrower”) applied for a business loan in the sum of Kshs. 16,000,000 from the respondent for the purposes of purchasing an owner/occupier residential house which the respondent approved vide a letter from its Retail Manager dated 29th June 2012. The Borrower executed and returned the respondent’s letter of offer which outlined the terms of the loan facility. Of pertinence, the letter of offer provided under the Special Conditions that,

“a…

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