KING WOOLEN MILLS LTD formely Known as MANCHESTER OUTFITTERS SUITING DIVISION LTD & another v STANDARD CHARTERED FINANCIAL SERVICES LTD & 2 others [1995] KECA 92 (KLR)
- Court
- Court of Appeal
- Case number
- 92
- Citation
- [1995] KECA 92 (KLR)
- Decided
- 3 February 1995
The appeal is allowed, and the High Court Civil Case No. 5002 of 1990 is ordered to be heard de novo before a judge other than Dugdale, J.
Facts
The appellants filed a suit against the respondents, seeking declarations that the appointment of the second respondent as receiver and manager of the first appellant's business was invalid, and that the debentures and securities given by the appellants to secure a loan were unenforceable. The appellants also sought an injunction to restrain the respondents from interfering with the running of the first appellant's business. The suit was heard by Dugdale, J., and the appellants filed an injunction against Kaplan and Stratton, a law firm, claiming they had acted for both parties during loan negotiations.
Issues
- Validity of the appointment of the second respondent as receiver and manager of the first appellant's business
- Enforceability of the debentures and securities given by the appellants to secure the loan
- Fairness of the trial and the judge's impartiality
Reasoning
The court allowed the appeal due to the appearance of bias by the judge, despite the appellants' delay in bringing the application. The court found that a reasonable and fair-minded person would have a reasonable suspicion that a fair trial for the appellants would not be possible.
Outcome
Appeal allowed
Orders
- High Court Civil Case No. 5002 of 1990 to be heard de novo before a judge other than Dugdale, J.
Authorities cited
Cases cited (2)
- Metropolitan Properties case
- In re appraising the facts as we are entitled to do
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