Kenya National Capital Corporation v Mohan Galot & 5 others [2019] KECA 1013 (KLR)
- Court
- Court of Appeal
- Case number
- 1013
- Citation
- [2019] KECA 1013 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling delivered by Kimaru, J on 29 October 2008CoramD. K. MUSINGA, A.K. MURGOR, S. ole KANTAI
Holding
The appeal has no merit and is accordingly dismissed.
Facts
The appellant, Kenya National Capital Corporation Limited, owed the respondents a sum of Kshs 48,951,536.00 together with interest at the rate of 19% per annum until payment in full. The respondents had borrowed money from the appellant and offered certain portions of land as security for the loans. The appellant had mismanaged the loan accounts and advertised the land for sale which it was not entitled to do.
Issues
- Registrar's authority to examine parties' accounts and make a determination
- Adoption of the Registrar's findings as a judgment of the court
Reasoning
The parties entered into a valid consent which was adopted as an Order of the court and could not be vitiated. The Judge was entitled to make the findings and did not err in law.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Flora N. Wasike vs. Destimo Wamboko [1988] eKLR
- S.M. Mwakio vs. Kenya Commercial Bank Ltd. Civil Appeals 28 of 1982 and 69 of 1983
- Setton on Judgments and Orders (7th edn), vol. 1, P.124
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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