[1999] KECA 140 (KLR)
The Court of Appeal allowed the appeal because it was not opposed and the reasons given in the judgment of C.A. NO. 146 of 1998 applied equally to this case. Consequently, the ruling and order of Kuloba, J. dated 25th June, 1998 were set aside. The court exercised its discretion to make no order as to costs.
Source-derived case information.
- Citation
- [1999] KECA 140 (KLR)
- Parties
- Appellant: Come to Africa Safaris Limited; Respondent: Barclays Bank of Kenya Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 210 of 1998
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed; ruling and order of the High Court set aside; no order as to costs
- Legal Topics
- Banking Disputes, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Come to Africa Safaris Limited
Appellant
Barclays Bank of Kenya Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the ruling and order of Kuloba, J. dated 25th June, 1998 should be set aside on appeal.
Ratio Decidendi
The Court of Appeal allowed the appeal because it was not opposed and the reasons given in the judgment of C.A. NO. 146 of 1998 applied equally to this case. Consequently, the ruling and order of Kuloba, J. dated 25th June, 1998 were set aside. The court exercised its discretion to make no order as to costs.
Court Disposition
appeal allowed; ruling and order of the High Court set aside; no order as to costs
Orders
- The appeal is allowed as prayed.
- The ruling and order made by Kuloba, J. on 25th June, 1998 are set aside.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA COME TO AFRICA SAFARIS LIMITED............................................................... APPELLANT AND BARCLAYS BANK OF KENYA LIMITED..........................................................RESPONDENT
(An Appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Hon. Kuloba, J.) dated 25th June, 1998 in H.C.C.C. NO. 1941 OF 1995) ********************* JUDGMENT OF THE COURT
For the reasons given in the judgment in C.A. NO. 146 of 1998, and this appeal not being opposed, we allow this appeal as prayed. The ruling and order made by Kuloba, J. on 25th June, 1998 are hereby set aside. We make no order as to costs.
Dated and delivered at Nairobi this 19th day of January, 1999.
R. O. KWACH ............... JUDGE OF APPEAL
P. K. TUNOI ............... JUDGE OF APPEAL
E. OWUOR ............... JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR