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National Bank of Kenya Limited v. Anaj Warehousing Limited

(2015) JELR 105117 (SC)

Supreme Court  •  Petition 36 of 2014  •  2 Dec 2015  •  Kenya

Coram
Philip Kiptoo Tunoi, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim, Willy Munywoki Mutunga, Smokin C Wanjala

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA

(Coram: Mutunga, CJ and P; Tunoi, Ibrahim, Ojwang, Wanjala, SCJJ.)

PETITION NO. 36 OF 2014

BETWEEN

NATIONAL BANK OF KENYA LIMITED.....................APPELLANT

AND

ANAJ WAREHOUSING LIMITED............................RESPONDENT

(Being an appeal from the Judgment of the Court of Appeal at Mombasa (Nambuye, Okwengu and Kiage, JJA) in Civil Appeal No. 17 of 2013, delivered on 27th February, 2014

JUDGMENT

INTRODUCTION

[1] This is an appeal from the Judgment of the Court of Appeal sitting in Mombasa, dated 27th February, 2014 which upheld the decision of the High Court (Ibrahim J., as he then was) in Mombasa Civil Case No. 311 of 2000, Anaj Warehousing Limited v. National Bank of Kenya Limited and Registrar of Titles, rendered on 26th July, 2011.

[2] The petition is premised upon the following grounds:

the Court of Appeal erred in failing to adjudicate on the validity or otherwise of legal documents prepared by an unqualified person;

the Court of Appeal faiā€¦

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