NATIONAL BANK OF KENYA LIMITED V BETH NGONYO NGENGI & ANOTHER [2012] KEHC 1628 (KLR)
- Court
- High Court of Kenya
- Case number
- 1628
- Citation
- [2012] KEHC 1628 (KLR)
- Decided
- 2 October 2012
The Plaintiff is entitled to only interest on the sum of Kshs. 61,456/= as from February 1997 to 7th May 2001 at court rates.
Facts
The Plaintiff filed a suit against the 1st and 2nd Defendants for a sum of Kshs. 1,039,445 with interest, alleging that the Defendants owed the Plaintiff a sum due and owing. The Defendants admitted issuing a corporate credit card to the 1st Defendant and agreeing to be a guarantor. However, they denied owing the Plaintiff the sum and blamed the Plaintiff for not canceling the card, leading to unlawful use.
Issues
- Duty of the Plaintiff to maintain a true statement of account
- Duty of the Defendants to pay the minimum amount due
Reasoning
The Plaintiff breached their duty to maintain a true statement of account by not reversing unauthorized entries. The Defendants were diligent in paying outstanding sums until the card was reported lost.
Outcome
The Plaintiff's claims are disallowed, and the Plaintiff is entitled to interest on the sum of Kshs. 61,456/= as from February 1997 to 7th May 2001 at court rates.
Orders
- Grant costs of the suit to the Plaintiff against the Defendants to be taxed on the basis of the Decretal sum
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