National Bank Of Kenyao v John Kiprono Martin Langat T/A Allied Importex Enterprises & 2 others (Civil Case 509 of 1995) [2022] KEHC 10059 (KLR) (7 July 2022) (Judgment)
- Court
- High Court of Kenya
- Case number
- 10059
- Citation
- [2022] KEHC 10059 (KLR)
- Decided
- 7 July 2022
Judgement is entered against the defendants jointly and severally as per the plaint dated 7th August 1995, together with costs and interest.
Facts
The plaintiff, National Bank of Kenya, filed a suit against the defendants, John Kiprono Martin Langat T/A Allied Importex Enterprises and two others, seeking to recover a loan and overdraft facility amounting to Kshs. 3,076,902.25. The plaintiff also sought to recover Kshs. 1,000,000 guaranteed by the 3rd defendant and Kshs. 100,000 guaranteed by the 4th defendant. The defendants did not pay the loan and the court entered judgement against them.
Issues
- Recovery of loan and overdraft facility
- Recovery of guaranteed amounts
Reasoning
The court found that the defendants did not deny receiving the loan or guaranteeing it, and that their defences were merely general denials. The court also noted that the defendants were fully aware of the default and had been issued with appropriate notices.
Outcome
Judgement in favour of the plaintiff
Orders
- Judgement entered against the defendants jointly and severally as per the plaint dated 7th August 1995, together with costs and interest
Remedies
- Recovery of loan and overdraft facility
- Recovery of guaranteed amounts
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