OFFICIAL RECEIVER & INTERIM LIQUIDATORS CONTINENTAL CREDIT FINANCE LIMITED vs DETO INVESTMENT COMPANY LIMITED [1999] KECA 171 (KLR)
- Court
- Court of Appeal
- Case number
- 171
- Citation
- [1999] KECA 171 (KLR)
- Decided
- 22 October 1999
AI Summary
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TypecivilPostureappeal from the High Court judgmentCoramA. M. AKIWUMI, P. K. TUNOI, E. OWUOR
Holding
The High Court judgment is upheld
Facts
The respondent borrowed Kshs.1,275,000 from the appellant to build five maisonettes, with KNA providing an undertaking to repay the loan. The respondent mortgaged the maisonettes to KNA and later to the appellant. The appellant allegedly inflated the amount due and failed to demand repayment from KNA.
Issues
- whether the appellant breached the contract
- whether the appellant inflated the amount due
Reasoning
The court found that the appellant did not breach the contract and did not inflate the amount due.
Outcome
affirmed
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