IN THE COURT OF APPEAL
AT NAIROBI
(Coram:Akiwumi, Tunoi and Shah JJ A )
CIVIL APPEAL NO 53 OF 1990
Between
PETER H. GAKERE .....................................APPELLANT
ANNE W. GAKERE ......................................APPELLANT
AND
NATIONAL BANK OF KENYA LTD.........RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi (Justice A Rauf) dated 3rd July, 1989
in
HCCC No 1749 of 1980)
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JUDGMENT
The appellants are husband and wife respectively. The first appellant (Mr Gakere) applied for loan facilities from the respondent bank (“the bank”) in May, 1978 to the extent of Kshs 195,000/=. Negotiations between Mr Gakere and the bank resulted in the bank writing to Mr Gakere on 30th May, 1978 confirming the bank’s willingness to sanction a loan facility to the extent of Kshs 136,000/=. The bank stated that as security for such proposed loan its Uchumi Branch had first legal charge for Shs 10,000/= over a property known as Kiambaa / Ruaka / T14.
Additionally …