Kenya Hotels Limited v Oriental Commercial Bank Limited [2019] KECA 1037 (KLR)
- Court
- Court of Appeal
- Case number
- 1037
- Citation
- [2019] KECA 1037 (KLR)
- Decided
- 25 January 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplicant seeks leave to amend its memorandum of appealCoramP.N. WAKI, D.K. MUSINGA, J. OTIENO-ODEK
Holding
The appeal is dismissed as the learned judge did not err in failing to appreciate that the transaction was tainted with illegality due to the legal notice
Facts
In 2004, Oriental Commercial Bank Limited filed a suit against Kenya Hotels Limited for recovery of Kshs 69,112,319.17 owed under a memorandum of equitable mortgage. The suit sought to sell two parcels of land registered in the name of Kenya Hotels Limited.
Issues
- Whether the learned judge erred in failing to appreciate that the transaction was tainted with illegality due to a legal notice declaring the land as agricultural land
- Whether the absence of consent from the Land Control Board rendered the transaction void and illegal
Reasoning
The court found that the judge did not err in his decision as the transaction was not tainted with illegality due to the legal notice
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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