Co-operative Bank of Kenya Ltd v Mathews Okanya Odhiambo [2014] KEHC 1552 (KLR)
- Court
- High Court of Kenya
- Case number
- 1552
- Citation
- [2014] KEHC 1552 (KLR)
- Decided
- 21 October 2014
The respondent was liable to pay the appellant for the use of the credit card from 16th November 1995 to 16th November 1999, including interest and late payment charges.
Facts
The appellant Co-operative Bank of Kenya Ltd issued a credit card to the respondent Mathew Okanya Odhiambo. The respondent failed to make payments on the card, and the appellant sued for breach of contract. The respondent admitted issuing the card but claimed he had paid all due amounts after February 1998.
Issues
- Whether the respondent was liable to pay the appellant for the use of the credit card
- Whether the respondent had surrendered the card to the appellant
Reasoning
The court found that the respondent had not proven he had surrendered the card, and thus was liable for the use of the card. The respondent's claims about the bank's failure to stop usage of expired cards and permitting the use of the card without warning were not supported.
Outcome
The appeal was allowed, and the judgment and decree dismissing the appellant's suit were set aside. The appellant was ordered to pay the respondent the sum of Ksh. 178,040.83 with costs.
Orders
- Allowing the appeal
- Setting aside the judgment and decree dismissing the appellant's suit
- Entering judgment in favour of the appellant for the sum of Ksh. 178,040.83
Remedies
- Costs of the suit in the Subordinate Court
- Costs of this appeal
- Interest on the claimed sums at Court rates from date of filing suit until payment in full
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