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Peter H. Gakere & Anne W. Gakere v. National Bank of Kenya Ltd.

(1995) JELR 95217 (CA)

Court of Appeal  •  Civil Appeal 53 of 1990  •  21 Jul 1995  •  Kenya

Coram
Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi

Judgement

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)

*************************

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.

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