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MWAKIO V. KENYA COMMERCIAL BANK LTD

(1987) JELR 104503 (CA)

Court of Appeal  •  Civil Application 147 of 1986  •  12 May 1987  •  Kenya

Coram
Fred Kwasi Apaloo

Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">The respondent, as its name implies, is a banking institution. I shall hereafter refer to it as the bank. At sometime prior to 1977, it granted the applicant a loan. This was secured by a charge on the landed property of the applicant. It would seem the bank thought the applicant made default</p><p class="ql-align-justify">in repaying the loan and appears to have threatened to exercise its statutory power of sale over the charged property. The applicant seems to have disputed the accuracy of the accounts prepared by the bank. Apparently, to prevent the bank exercising its power of sale, the applicant, on November 13, 1984 brought a plaint in the High Court against the bank and sought certain declaratory reliefs and damages.</p><p class="ql-align-justify">It was a home-made plaint which was heard and determined by Porter, J on April 14, 1986. In a judgment which ran into more than 30 pages of typescript, the learned judge declined to grant the applicant any of the reliefs claimed. The court dismissed the suit and condemned the applicant to pa…</p>

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