MOHAMMED OSMAN MAALIM v EURO BANK LIMITED [2006] KEHC 2139 (KLR)
- Court
- High Court of Kenya
- Case number
- 2139
- Citation
- [2006] KEHC 2139 (KLR)
- Decided
- 19 June 2006
Judgment is entered for the defendant on the counterclaim for kshs 20,023,044.07 with interest at 34% per annum compounded from 1st June 2002 until payment in full. The plaintiff's case is dismissed with costs to the defendant.
Facts
The plaintiff, Mohammed Osman Maalim, opened an account with the defendant, Euro Bank Limited, and signed the defendant's terms and conditions. He applied for overdraft facilities and charged his properties as security. Despite defaulting, the defendant continued to provide further facilities and eventually sought to recover the amount due from the plaintiff.
Issues
- Whether the defendant's counterclaim for kshs 20,023,044.07 with interest can be upheld.
- Whether the plaintiff's case can be proved and the counterclaim dismissed.
Reasoning
The evidence of the defendant's witness, Joshua Muricho, was supported by exhibited documents and proved the defendant's counterclaim on a balance of probability. The plaintiff failed to prove his case.
Outcome
Appeal dismissed.
Orders
- Judgment entered for the defendant on the counterclaim for kshs 20,023,044.07 with interest at 34% per annum compounded from 1st June 2002 until payment in full.
- Defendant granted costs of the counterclaim.
- Plaintiff's case dismissed with costs to the defendant.
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