KCC 632/2012
This case involved whether a bank had the right to increase monthly loan instalment amounts with an increase in interest or should have increased the number of instalments.
Background
Thecase revealed that the court had ruled that the appellant (bank) should not deduct 50% of the litigant's salary as a monthly instalment and that it should pay the additional amounts of money it received previously.
Decision
The court said that the court established its ruling on the grounds that the bank had violated the instructions of the Central Bank. The court said that the loan contract signed between the two parties stipulated that a change of the interest rate should not affect the value of the monthly instalment but their number. The court said that the bank's defence that it had the right according to the contract to increase the value of instalment and to change the interest rate was irrelevant.
The court dismissed the appeal.