Ndungu Njau v National Bank of Kenya Limited [2008] KECA 188 (KLR)

Facts

The appellant, Ndungu Njau, filed a suit against the respondent, National Bank of Kenya Limited, regarding overdraft facilities granted in 1991. The respondent gave notice to realize security in February 1994, and the appellant filed a suit in May 1995.

Issues

1. Whether the Commissioner of Assize erred in law and fact in failing to set aside his judgment and order a de novo hearing.
2. Whether the Commissioner erred in proceeding with the suit despite the pretrial orders of Justice Githinji.
3. Whether the Commissioner erred in allowing the defendant to be heard while in contempt of court.
4. Whether the Commissioner erred in dismissing the plaintiff's claim and awarding costs to the defendant.
5. Whether the Commissioner erred in allowing the statutory power of sale to be exercised by the defendant.

Reasoning

The court found no merit in the appeal and exercised its unfettered discretion. The appellant's grounds of appeal were not valid grounds for an order for review.

Outcome

Appeal dismissed

Authorities cited