Co-operative Bank of Kenya Limited v Kenya Medical Association Housing Co-operative Society Limited [2014] KECA 112 (KLR)
- Court
- Court of Appeal
- Case number
- 112
- Citation
- [2014] KECA 112 (KLR)
- Decided
- 3 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureInterlocutory AppealCoramP. N. WAKI, W. KARANJA, J. W. MWERA
Holding
The relationship between the appellant and the respondent was a contractual one, and the suit was not time-barred.
Facts
The respondent applied for bridging finance of Sh.18,750,000/= from the appellant bank with the purpose of buying a parcel of land. The funds were processed and the cheque was released directly to the vendor, Jackim Ltd. The respondent alleged negligence on the part of the appellant.
Issues
- Whether the cause of action in the High Court lay in tort or contract.
- Whether the relationship between the appellant and the respondent was contractual or tortious.
Reasoning
The learned Judge found that the relationship between the appellant and the respondent was a contractual one and not a tortious one, thus the suit was not time-barred.
Outcome
Appeal dismissed with costs to the respondent.
Authorities cited
Cases cited (1)
- Kenya Cargo Handling Services Ltd vs David Ugwang (1982-88) 1 KAR 672
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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