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Onesmus Githinji & Company Advocates v. Fidelity Bank Limited

(2018) JELR 94049 (CA)

Court of Appeal  •  Civil Appeal 253 of 2013  •  20 Apr 2018  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. In this appeal, the appellant, a firm of advocates, complains that the High Court (Havelock, J) erred in its judgment delivered on 28th January, 2013 ordering the appellant to honour its professional undertaking for the payment of money to the respondent.

Background

2. By an instrument of Legal Charge dated 29th September 2006, (the charge) Joel Nyoike Mugo and Njeri Nyoike Mugo (the proprietors) charged their property known as Land Reference Number 12715/201 Machakos (the property) to the respondent, Fidelity Bank Limited, (the bank) to secure banking facilities granted to Northline Limited (the borrower) by way of overdraft facility and other banking facilities.

3. Subsequently, by a letter dated 27th April 2010, the proprietors informed the bank that they were in the process of subdividing the property into 18 plots with a view to selling the same and wished to redeem the charge. They accordingly requested the bank to release the title documents in respect of t…

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