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National Cereals & Produce Board v. J. K. Muiruri (As a Receiver & Manager of ) Kensack Limited & Kensalck Limited

(2010) JELR 98548 (CA)

Court of Appeal  •  Civil Appeal 231 of 2007  •  10 Dec 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The history of the entire saga that has given rise to this appeal before us filed on 29th October 2007, is a demonstration of the extent to which parties and their advocates can and do abuse the court process to score benefits other than justice and still claim to do so in pursuit of justice. The appellant, National Cereals and Produce Board was receiving its supplies of gunny bags of various sizes from East African Bag and Cordage Company Limited. It was apparently also receiving the same type of bags from Kensack Limited which is a subsidiary of East African Bag and Cordage Company Limited. It was paying for the bags received from both companies. For its business, Bag and Cordage borrowed money from Standard Chartered Bank Kenya Limited and that was secured by a debenture issued in favour of that bank. Kensack Limited borrowed money from National Bank of Kenya Limited which was also secured by a debenture in favour of National Bank of Kenya Limited. In February…

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