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Vipin Maganlal Shah & Atulkumar Maganlal Shah v. Investment & Mortgages Bank Limited & 2 others

(2001) JELR 94504 (CA)

Court of Appeal  •  Civil Appeals 13 & 19 of 2001  •  14 Dec 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Aaron G Ringera

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Omolo, Bosire and O'Kubasu JJ A)

CIVIL APPEALS NOS 13 and 19 OF 2001 (CONSOLIDATED)

VIPIN MAGANLAL SHAH

ATULKUMAR MAGANLAL SHAH .........................APPLICANTS

VERSUS

INVESTMENT and MORTGAGES BANK

LIMITED and 2 OTHERS......................................... RESPONDENTS

(Appeal from the ruling and order of the High Court of Kenya at Nairobi

(Mbaluto J) dated 20th September, 2000 in HCCS No 782 of 2000)

JUDGMENT

By a plaint dated 26th April, 2001 and filed in the High Court of Kenya at Milimani Commercial Courts on 27th April, 2001 and registered in that court as Civil Case No 782 of 2000, Investments and Mortgages Bank Ltd,

"the Bank" hereinafter, claimed a total of Kshs 88,133,393.10 with interest thereon at the rate of 28% per annum from Nakumatt Investments Ltd,

"Nakumatt" hereinafter, Vipin Maganlal Shah, "Vipin" hereinafter and Atulkumar Maganlal Shah, "Atulkumar" hereinafter. For the purposes of this judgment, it is not necessary for us to go into…

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