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(1985) JELR 94363 (CA)

Court of Appeal  •  civ app 16 of 83  •  3 Apr 1985  •  Kenya

Zakayo Richard Chesoni, James Onyiego Nyarangi, Alister Arthur Kneller


Standard Bank Limited v. D L Patel Press (Kenya) Limited

Court of Appeal, at Nairobi April 3, 1985

Kneller, Nyarangi, JJA and Chesoni, Ag JA

Civil Appeal No 16 of 1983

(Appeal from High Court at Nairobi, Todd J, Civil Suit No 2047 of 1980)

April 3, 1985, Kneller JA delivered the following Judgment.

This is an appeal by the Standard Bank Limited (the Bank) from the judgment of Mr Justice Todd in the High Court at Nairobi on June 29, 1982 in which he dismissed with costs the Bank’s claim against DL Patel Press (Kenya) Limited (The Press).

It is resisted by the Press which has also filed a notice of grounds for affirming the decision other than those on which the learned judge relied, and the Bank in turn, asks for that to be dismissed with costs.

The Bank filed its plaint on July 29, 1980 and in it prayed for judgment against the Press for Kshs 130,809.60, costs and interest. The basis for this was said to be that the Press owed someone called Abdul Raoof (Raoof) a debt because it bought a plot…

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