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KING WOOLEN MILLS LTD formely Known as MANCHESTER OUTFITTERS SUITING DIVISION LTD & another v. STANDARD CHARTERED FINANCIAL SERVICES LTD & 2 others

(1995) JELR 100321 (CA)

Court of Appeal  •  Civil Appeal 102 of 1994  •  3 Feb 1995  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Akilano Molade Akiwumi, Philip Kiptoo Tunoi

Judgement

JUDGEMENT OF THE COURT

In our judgement delivered on 3rd February, 1995, we allowed the appeal in this matter

without any order as to costs, and ordered inter alia, that High Court Civil Case No. 5002 of 1990, be heard de nova before a judge other than Dugdale, J. We now give our reasons for our judgement.

The two appellants were plaintiffs in a suit instituted by them in September, 1990, against the first respondent wherein, they sought, inter alia, declarations that the appointment of the second respondent by the first respondent as receiver and manager of the business of the first appellant was invalid, null and void, and that the debentures and all securities given by the appellants to secure the loan granted to the first appellant by the first respondent were unenforceable against them, and an injunction to restrain the respondents from interfering with the running of the business of the first appellant. In due course, the suit came before Dugdale, J. for hearing. According to the u…

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