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Rajnikant Karsandas Somaia v. Oriental Commercial Bank of Ltd (formerly Delphis Bank Limited), Channan Singh Chatthe, Satwant Singh Chatthe, Sukhwinder Singh Chatthe, Raghbir Singh Chatthe All T/A Channan Agricultural Contractors & Charanjit Singh Hayer

(2007) JELR 96730 (CA)

Court of Appeal  •  Civil Appli 194, 195 & 196 of 2006  •  30 Nov 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

In a ruling of this Court differently constituted dated 23rd March, 2007, these applications namely Number NAI. 194, 195 and 196 all of 2006 were consolidated. They came before us for hearing and were heard together. This ruling is therefore in respect of all of them.

In a plaint filed in the superior court at Kisumu on 3rd December, 2003 the second, third, fourth and fifth respondents in the application sued the first respondent in the applications, then known as Delphis Bank Limited, seeking three declarations and orders directing the first respondent to execute a discharge of the charge registered against land parcel Number South/Wanga/Lureko/1892, and payment of the sum of Kshs. 3,750,000 and interest thereon at court rates since October, 1999 upto the date of payment. The first respondent, in response filed statement of defence and counter-claim. In the counter-claim, it cited the applicant in these applications Rajnikant Karsandas Somaia as the third defendant …

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