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Richard Akwesera Onditi v. Kenya Commercial Finance Company Limited

(2010) JELR 96477 (CA)

Court of Appeal  •  Civil Appeal 329 of 2009  •  12 Nov 2010  •  Kenya

Samuel Elikana Ondari Bosire, Philip Nyamu Waki, Joseph Gregory Nyamu



Introduction 1. The appellant, Richard Akwesera Onditi, is a gallant fighter who has joined battle with his bankers and their lawyers for the last 20 years, sometimes with the assistance of legal counsel but mainly in person. In the appeal before us, he has drawn up in person a memorandum laying out some 29 grounds of appeal with another list of 27 sub-grounds, and in the end made the following prayers: - “i) Setting aside judgment and decree of the superior court, which are a nullity (see paragraph No 3. herein in above in this Memorandum of Appeal).ii) Entering judgment in favour of the appellant by the discharging the charge on L.R. NOS. KAKAMEGA/CHEKALINI/780, 781 and 783 - which charge was registered on the 14th day of December 1990 - it is now 19 years thus: contravening the Limitations of Actions Act, Cap. 22 Section 19 (1), Laws of Kenya which prescribes 12 years only. iii) Costs in exemplary damages: Kshs. 8,000,000/= (Eight million) for unlawfully withho…

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