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Samuel Kamau Macharia & Purity Gathoni Githae v. Ocean Freight Transport Company Limited

(2019) JELR 94651 (CA)

Court of Appeal  •  Civil Appeal 62 of 2011  •  22 Feb 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

On 23rd October 2001, a summary judgment was entered by the High Court (Rawal, J. as she then was) against Samuel Kamau Macharia “the 1st appellant ” and Purity Gathoni Githae “the 2nd appellant ” in HCCC No. 3958 of 1991 (Nairobi). The judgment was in favour of Oceanfreight Transport Company Ltd (“the respondent”) for Kshs. 500,000/- with interest thereon at 19% per annum compounded monthly from 6th December 1986 until payment in full. Upon failure by the appellants to satisfy the decree, the respondent on 10th July, 2008 issued and served on the appellants’ bankruptcy notices numbers 3 and 4 of 2008, respectively on 4th August 2008. However, the appellants failed to comply with the notices and instead sought to have them reviewed and set aside. The High Court (Kimaru, J.) declined the invitation and dismissed the application on 27thMay 2008. Instead, the judge granted the respondent leave to commence bankruptcy proceedings against the appellants

The appellants we…

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