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SEASCAPES LIMITED v. DEVELOPMENT FINANCE COMPANY OF KENYA LIMITED

(2009) JELR 96700 (CA)

Court of Appeal  •  Civil Appeal 247 of 2002  •  9 Oct 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The facts giving rise to the suit that was before the superior court and which is now before us on first and last appeal are in general not in dispute. It is the interpretation and the application of these same facts by the trial court that has prompted this appeal. If we understand both counsel representing the litigants well, the main dispute is as to whether, the learned trial Judge (Hewett J.), having made a definite finding, that the subject loan advanced was so advanced and recoverable in Kenya shillings, he should have proceeded to renege on that finding, and make yet two other findings resulting in part of the eventual judgment that he delivered on 27th July, 2000.

The brief facts are that the appellant Seascapes Limited was, in the year 1985, interested in developing a tourist or a beach hotel consisting of sixteen (16) cottages at the South Coast of Kenya, in Kwale District. It wanted financial assistance to the tune of Ksh.6,000,000 (six million) to add …

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