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…