Mutyaene v Kenya Commercial Bank Limited & another (Civil Appeal E012 of 2020) [2025] KECA 907 (KLR) (9 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 907
- Citation
- [2025] KECA 907 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the High Court of Kenya at Nakuru (Mulwa, J.) dated 27th May 2020 in HCCC Suit No. 38 of 2017CoramM. WARSAME, J. MATIVO, M. GACHOKA
Holding
The appeal is unmerited and dismissed with costs to the respondent against the appellant.
Facts
The appellant, Reuben Kioko Mutyaene, filed a suit against Kenya Commercial Bank Limited and TransUnion (a Credit Reference Bureau) alleging that his loan facility was listed as a non-performing account without notice or justification. The listing allegedly affected his loan applications and construction of a commercial property.
Issues
- Whether the ex parte leave granted to file the suit out of time on 17th August 2017 was merited
- Whether the appellant's claim for defamation against the respondents was merited
Reasoning
The court found that the appellant met the threshold under sections 4(2) and 27(2) of Cap 22, and thus, the extension of time was proper. The court dismissed the appellant's claim for defamation and awarded Kshs. 400,000/- in damages.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent
Remedies
- No specific remedies ordered
Authorities cited
Legislation (2)
- Limitation of Actions Act, Cap 22 Laws of Kenya
- Banking (Credit Reference Bureau) Regulations 2020
Cases cited (2)
- Keith Smeaton vs. Equifax PLC (2013) EWCA Civil 108
- Jamlick Gichuhi Mwangi (supra)
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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