by Allen Waiyaki Gichuhi C.Arb SC | Jul 13, 2024 | Legal update
In a precedent setting judgment delivered on 5th July 2024 in Milimani HC.Comm/206/2019 Union De Banques Arabes Et Francaises v Chase Bank Kenya Ltd (In Receivership) and SBM Bank Kenya Limited, the high court held that the concept of a quistclose trust was a...
by Allen Waiyaki Gichuhi C.Arb SC and Frankline Otieno | Jun 28, 2024 | Legal update
Loading... Taking too long? Reload document | Open in new tab Download BACKGROUND The Supreme Court has this morning delivered a decision in Stanbic Bank Kenya Limited v Santowels Limited Supreme Court Petition No. E005 of 2023 on the question on the interest rates...
by Allen Waiyaki Gichuhi C.Arb SC, Caxstone Kigata and Frankline Otieno | Aug 24, 2022 | Legal update
Loading... Taking too long? Reload document | Open in new tab “From the foregoing, the Court of Appeal was alive to the fact that the rule was concerned with public interest. In my view, the rule was introduced in our Laws to tame the appetite of Lenders who had made...
by Allen Waiyaki Gichuhi C.Arb SC | May 9, 2022 | Legal update
“He may not have been a model guarantor but, like Shakespeare’s King Lear, he definitely was a man more sinned against than sinning. And he was entitled to the aid of the law.” – Extract from judgment in Nairobi Civil Appeal No. 80 of 2017 Basil...
by Allen Waiyaki Gichuhi C.Arb SC | Feb 15, 2022 | Legal update
Creditors love defaulting borrowers; they are the best source of profits. A borrower takes a KES 21 million loan which, having failed to service, balloons to the sum of KES 103 million by the time the creditor initiates recovery. However, in respect of banks,...