OSMAN HUSSEIN MOHAMMED V. KENYA COMMERCIAL BANK LIMITED

JUDGMENT OF THE COURT

The respondent made specific claims against the appellant in its suit that was tried, first by Mugo, J., who heard the evidence of the respondent, and subsequently by Odunga, J., who heard the appellant and thereafter rendered the judgment that is the subject of this appeal. The respondent claimed that the appellant, who was its customer applied for and was granted an overdraft facility in the sum of Kshs. 195,000.00 on the security of parcel of land, L.R NO 13673/35; that he defaulted in the repayment; that as at 31^st December,1996 he owed the respondent Kshs. 1,156,331.10 together with interest at 47.5% per annum from 31^st December,1996; and that despite demand made to the appellant, he had failed to settle the facility. The respondent therefore sought in that suit to recover Kshs. 1,156,331.10, interest at 47.5% per annum from 31^st December, 1996 until payment in full, as well as costs of the suit.

In response to these claims the appellant denied being indebted …