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NIC Bank Limited v. Victor Ochieng Oloo

(2018) JELR 98668 (CA)

Court of Appeal  •  Civil Appeal 341 of 2014  •  6 Nov 2018  •  Kenya

Coram
Mohammed Abdullahi Warsame, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal by NIC Bank Limited (the appellant) from the Judgment and Decree of the High Court (Mutava, J.), delivered on the 12th June, 2012, in which the learned judge dismissed the appellant’s suit against Victor Ochieng Oloo (the respondent). Aggrieved by the judgment, the appellant lodged a notice of appeal on the 5th July, 2012 and followed it up by filing the appeal now before Court, on the 28th November, 2014.

Briefly the background of this appeal is that on the 15th December, 2009 the appellant filed a suit in the High Court against the respondent claiming inter-alia Kshs.5,499,340/=. The said amount was as a result of a loan facility that the appellant had extended to an entity known as Economic Intelligence Ltd (the company) in the amount of Kshs.1,700,000/=. According to the appellant the company defaulted in payment of the amount and as at June, 2005 the company was indebted to the appellant for the sum of Kshs.2,431,604.42/=. The continued defau…

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