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

(2018) JELR 99870 (CA)

Court of Appeal  •  Civil Appeal 254 of 2016  •  27 Jul 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (Olga Sewe J.) dismissing the appellant’s suit, for permanent injunction to restrain the respondent from recalling a loan of Kshs. 16,000,000/- and from taking steps towards realization of charged security known as L.R. No. 25404, Grant IR 87128 Tigoni (Suit Property).

[2.0] The facts on which the suit was based are briefly as hereunder.

[2.1] The appellant and her husband Samuel Maingi Kibe (deceased) and who were trading as Arrival Textile Shop had a business account No. 2025607506 with the respondent at its River Road Branch. On 25th May 2012 jointly, they applied for a loan of Kshs. 16,000,000/- (16 million) to purchase a residential house at Tigoni. The respondent (bank) accepted the application and made an offer in terms of the letter of offer dated 29th June, 2012. The terms of the offer included a requirement that there would be a first rank legal charge over the suit property in favour of the bank fo…

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