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Merry Beach Limited v. Barclays Bank of Kenya Limited

(2019) JELR 99144 (CA)

Court of Appeal  •  Civil Appeal 163 of 2018  •  11 Jul 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGEMENT OF THE COURT

The appellant, Merry Beach Limited, is dissatisfied with the decision of the High Court which concluded that the respondent, Barclays Bank of Kenya Limited had complied with this Court’s orders in Merry Beach Limited v. Barclays Bank of Kenya Limited and Gianluigi Cernuschi, Civil Appeal No. 5 of 2014, wherein this Court ordered the respondent to deliver the original cheques and other documents to the appellant within 30 days, and in default its defence would be struck out.

The appellant’s case is that it had on two occasions applied to the High Court to have the respondent's defence struck out for failing to make available documents and cheques relating to the dispute, but on both occasions the High Court had dismissed its applications; that it had appealed the dismissal in the first application to this Court which then ordered the respondent to provide the documents, failing which its defence would be struck out.

Following the orders of this Court the respondent …

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