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National Industrial Credit Bank Limited v. Barclays Bank of Kenya Limited & Nancy Wairimu Muriithi

(2018) JELR 98534 (CA)

Court of Appeal  •  Civil Appeal 190 of 2010  •  16 Mar 2018  •  Kenya

Coram
Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is an appeal by the National Industrial Credit Bank Limited, the appellant arising from the Ruling and Order of the High Court (Kasango, J.) dated 27th June, 2005, where the learned Judge declined to set aside the judgment entered against the appellant on 23rd September, 2005.

To place the dispute into perspective, by way of a Hire Purchase Agreement dated 14th September 1999 made between the appellant and Nancy Wairimu Muriithi, the 2nd respondent, the appellant agreed to finance the hire purchase of Motor Vehicle Registration Number KAL 263V (the motor vehicle ). Pursuant to the Agreement, the appellant advanced the 2nd respondent a sum of Kshs. 1,204,000 inclusive of hiring charges, payment of which the 2nd respondent acknowledged. The 2nd respondent is said to have defaulted in the repayment of the instalments, causing the appellant to incur loss in recovery of the motor vehicle and thereby owing the appellant Kshs. 1,031,831 together with interest at 17.6…

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