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United Airlines Limited v. Kenya Commercial Bank Limited

(2017) JELR 94169 (CA)

Court of Appeal  •  Civil Appeal 272 of 2011  •  1 Dec 2017  •  Kenya

Wanjiru Karanja, George Benedict Maina Kariuki, Jamila Mohammed



1. By a further amended plaint filed at the High Court in Nairobi on 3rd September, 1999 in High Court Civil Suit No. 4077 of 1994 United Airlines Limited (the appellant) sued the Kenya Commercial Bank Limited (the respondent) seeking several reliefs.

The claim was resisted by the respondent by way of a statement of defence filed on 3rd December, 1994 which was amended later. A reply to defence was also filed and after close of pleadings, the matter was fixed for hearing.

It is also worth noting that the suit was thereafter consolidated with HCCC No. 388 of 1998 which was said to arise from the same cause of action.

2. According to the appellant, it was the defendant’s customer and in that capacity applied for a loan facility for Ksh. twelve million (Ksh. 12,000,000) for the purpose of purchasing an aircraft from Canada. The respondent approved the said loan facility subject to the aircraft being delivered and registered in Kenya and evidence to that effect being ava…

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