Holiday Investments (K) Ltd & 2 others v Fidelity Commercial Bank [2021] KECA 162 (KLR)

Holiday Investments (K) Ltd & 2 others v Fidelity Commercial Bank (Civil Application 142 of 2013) [2021] KECA 162 (KLR) (19 November 2021) (Order)

Neutral citation: [2021] KECA 162 (KLR)

Republic of Kenya

In the Court of Appeal at Nairobi

Civil Application 142 of 2013

HA Omondi, K.I Laibuta & DK Musinga, JJA

November 19, 2021

Between

Holiday Investments (K) Ltd

1st Applicant

Benson W.K. Muigai

2nd Applicant

Pauline K. Muigai

3rd Applicant

and

Fidelity Commercial Bank

Respondent

(Appeal from the Judgment of the High Court of Kenya at Nairobi (Hatari Waweru, J.) dated 18th June, 2013 in Civil Appeal No. 196 of 2012)

Order

1. This application was wrongly listed for hearing today because by an Order of this Court dated 15thnNovember 2018, the application was marked as withdrawn by consent of both parties. This file is hereby marked as closed as the said application has been spent.

MADE AT MOMBASA THIS 19THDAY OF NOVEMBER, 2021. D. MUSINGA, (P)........................................JUDGE OF APPEALH. OMONDI.......................................JUDGE OF APPEALK. LAIBUTA.......................................JUDGE OF APPEALI certify that this is a true copy of the originalDEPUTY REGISTRAR