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Standard Bank Limited v. Mehotoro Farm Limited & 2 Others

(1972) JELR 96369 (CA)

Court of Appeal  •  Civil Appeal 54 of 1972  •  20 Dec 1972  •  Kenya

Coram
Benna Cleya Wamukoya Lutta

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

(Coram: Spry, Ag.P., Law, Ag. V.P., and Lutta, J.A.)

CIVIL APPEAL NO. 54 OF 1972

BETWEEN

THE STANDARD BANK LIMITED.............................APPELLANT

AND

1. MEHOTORO FARM LIMITED

2. HON. WAIRA KAMA

3. WATHAIYA W/O WAIRA KAMAU..........................RESPONDENTS

(Appeal from a judgment and decree of the High Court of Kenya at Nairobi (Madan, J.) dated 10th December,

1971 in Civil Case No. 354 of 1970)

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JUDGMENT OF LUTTA, J.A.

This is an appeal from a judgment of the High Court relating to a claim made by the appellant against the respondents Mehotoro Farm Limited (to whom, for convenience, I shall refer hereinafter as "the Company") and Mr. and Mrs Kamau - for the recovery of Shs.841,051/85 alleged to be due from the Company to the appellant; Shs.660,000/- severally from Mr. and Mrs Kamau under guarantees and indemnities signed by them in favour of the appellant; a declaration that two farms - being L.R. N…

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