Dominic Alois George Omenye t/a Omenye & Associates v Prime Bank Limited [2017] KECA 539 (KLR)

Facts

The respondent, Prime Bank Limited, filed a suit against the appellant, Dominic Alois George Omenye, seeking recovery of Kshs 4,449,182.15 with interest. The appellant denied liability and accused the respondent of breaching the terms of the overdraft. The High Court entered judgment in favor of the respondent for Kshs 1 million and awarded Kshs 3,215,182.15 with interest, disallowing Kshs 234,000 due to unproven claims.

Issues

1. Whether the matters complained of by the appellant constitute clerical or arithmetic errors, or errors arising from accidental slip or omission.
2. Whether the High Court's judgment and decree should be corrected to deduct alleged compound interest from the decretal amount.

Reasoning

The Court found that the respondent had not proved that the appellant owed Kshs 234,000, and thus disallowed that amount from the respondent's claim. The Court did not make a finding on whether the amount had accrued compound interest or at what rate, and concluded that the refusal by the trial judge to reduce the decretal sum by the amount claimed as interest was not an error or omission.

Outcome

Appeal dismissed

Authorities cited