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NIC Bank Ltd v Tausi Assurance Co. Ltd [2017] KECA 734 (KLR)

[2017] KECA 734 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
734
Citation
[2017] KECA 734 (KLR)
Decided
3 March 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment entered on admissionCoramASIKE-MAKHANDIA, W. OUKO, K. M’INOTI
Holding

The appeal is dismissed with costs to the respondent

Facts

The respondent, Tausi Assurance Co. Ltd., filed a breach of contract suit against the appellant, NIC Bank Ltd., seeking Kshs 37,991,307.35, interest at court rates, compound interest, and costs. The appellant admitted the fixed deposit contract but denied owing the respondent the sum claimed, alleging it was a security deposit for other obligations.

Issues

  1. Whether the High Court erred in entering judgment on admission for Kshs 31,564,672.99 with interest at court rates
  2. Whether the High Court erred in awarding interest at court rates

Reasoning

The court upheld the judgment on admission and interest award, stating that the appellant did not demonstrate how the judge erred in awarding interest at court rates.

Outcome

Appeal dismissed

Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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