CFC Stanbic Bank Limited v Kenya Programmes for Sustainable Development (Civil Appeal 140 of 2018) [2024] KECA 154 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 154
- Citation
- [2024] KECA 154 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a Judgment and Decree of the High Court of Kenya at NairobiCoramF. Ochieng, Ochieng
Holding
The appeal is dismissed with costs.
Facts
KPSD opened an account with CFC Stanbic Bank Limited and resolved to have James Muhia Njuguna, Susan Kabogo, or Moulding Muigai James as authorized signatories. A cheque for USD 32,000 was presented for payment, but the Bank debited the account with USD 27.83 for acting on the instruction to stop payment.
Issues
- Negligence of the Bank in paying the cheque
- Award of costs to the respondent
Reasoning
The Bank debited the account with commission charges for the countermanded instruction, which belies an intention to carry out the instruction. The award of 50% of the costs to the respondent is upheld.
Outcome
Appeal dismissed
Orders
- Award of 50% of the costs to the respondent
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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