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Mashreq Bank P.S.C v. Kuguru Food Complex Limited

(2018) JELR 99214 (CA)

Court of Appeal  •  Civil Appeal 71 of 2011  •  26 Oct 2018  •  Kenya

Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye



[1] This is an interlocutory appeal as the main suit which was filed some 19 years ago has not been heard. It challenges the exercise of a Judge’s discretion to review an order previously made in regard to the hearing and conclusion of Milimani Commercial Court Civil Suit No 1287 of 1999 by a different Judge. The order that was reviewed and set aside was made on 25th September, 2001 by Mbaluto J., directing that the suit be heard de novo. Kuguru Food Complex Ltd, (hereinafter referred to as “Kuguru Foods”) successfully made an application to review that order on 9th June, 2005 after it had been in existence for about 4 years. This is the order that gave rise to the instant appeal.

[2] A brief background of the matter is that on or about 27th September, 1999 Kuguru Foods filed suit against Mashreq Bank P.S.C. (hereinafter referred to as the “Bank”) principally seeking special and general damages for negligence and fraud by the Bank, its servants and/or agents. The B…

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