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National Bank of Kenya Ltd v. Mwaniki wa Ndegwa

(2020) JELR 98553 (CA)

Court of Appeal  •  Civil Appeal 223 of 2018  •  7 Aug 2020  •  Kenya

Coram
Martha Karambu Koome, Jamila Mohammed, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

BACKGROUND

1. This is an appeal from part of the judgment and decree of the High Court at Nairobi (Tuiyott J.) in HCCC No. 313 of 2016 delivered on 3rd May, 2018 in which the learned Judge held that suspended interest was not recoverable for want of notification and supply of accounts to the principal debtor and guarantor.

2. The brief background to this matter as can be gleaned from the plaint dated 2nd August, 2016 is that Mary Mbuki Distributors Ltd (the Principal Borrower) borrowed money from National Bank of Kenya (the appellant) and a charge and further charge were registered against LR No 3734/198 (the charged property) in favour of the appellant. The charged property was registered in the name of Mwaniki wa Ndegwa (the respondent). The respondent (also referred to as the principal debtor and guarantor) in addition signed a personal guarantee in favour of the appellant. From the record, the respondent deposited the Title in respect of Title No. Konyu/Baricho/…

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