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NATIONAL BANK OF KENYA LIMITED v. NDUNGU NJAU

(1997) JELR 98689 (CA)

Court of Appeal  •  civ app 211 of 96  •  27 May 1997  •  Kenya

Coram
Gurbachan Singh Pall, Akilano Molade Akiwumi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

This is an appeal from the order of the High court (Githinji J.) dated 2nd August, 1995 (the order) in Civil Case No.1399 of 1995. By the order, the learned trial Judge declined to review his earlier order in the said suit made on 3rd July, 1995 and dismissed the appellant's notice of motion dated 12th July, 1995 with costs.

On 5 May 1995 Ndung'u Njau t/a Radius Construction Company (the respondent) sued National Bank of Kenya Ltd. (the Bank) in the aforesaid suit alleging by his plaint that the Bank lent and advanced to the respondent a sum of Shs.109,360.50 and promised to make further advances, the total sum not exceeding Shs.300,000/=. In consideration thereof the respondent charged his land in favour of the Bank. The land in question has not been described in the body of the plaint. But from the relief claimed it appears that it is Githunguri/Githunguri/1073. The respondent has alleged that the Bank failed to make any further advances to him and that whatever …

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