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National Bank of Kenya Limited v. Allan George Njogu Residences Ltd

(2017) JELR 98563 (CA)

Court of Appeal  •  Civil Appeal 290 of 2013  •  20 Jul 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

INTRODUCTION

1. This appeal is mainly against an order by the High Court, (Munyao, J.) that the appellant pays to the respondent a sum of Kshs. 5 million in damages for lodging an unlawful caution against its property known as Eldoret Municipality Block 6/308, hereinafter referred to as “the suit property”. The appellant had opposed the claim and contended that it was entitled to lodge the caution.

This being a first appeal, this Court is under an obligation to re-evaluate, re-assess and re-analyze the evidence tendered before the trial court and drawn its own conclusions. SeeKenya Ports Authority Versus Kuston (Kenya) Limited [2019] 2EA 212.

RESPONDENT’S PLEADINGS BEFORE THE HIGH COURT

2. Allan George Njogu Kamau, (Allan) an advocate of the High Court of Kenya, is a director of Allan George Njogu Residences Company Limited, the respondent. Allan operated a personal account with the appellant. Prior to November 1998, he had been accorded banking facilities and other f…

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