Ebrahim and Company Limited v Barclays Bank of Kenya Limited [2014] KEHC 2307 (KLR)
- Court
- High Court of Kenya
- Case number
- 2307
- Citation
- [2014] KEHC 2307 (KLR)
- Decided
- 8 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of ActionsPostureApplication to strike out the suitCoramFRED A. OCHIENG
Holding
The claim is barred by the Limitations of Actions Act and is struck out.
Facts
The plaintiff, Ebrahim and Company Limited, alleged that Barclays Bank of Kenya Limited overcharged them on financial facilities granted in 1998 and 2000. The plaintiff sought a refund of Kshs. 7,227,797/93 and penalties. The Bank denied the allegations.
Issues
- Whether the plaintiff's claim is barred by the Limitations of Actions Act
- Whether the plaintiff's cause of action had already accrued against the Bank
Reasoning
The plaintiff waited until 15th February 2013 to file the suit, more than six years after the cause of action accrued in 2005.
Outcome
The suit is struck out.
Orders
- The plaint is struck out.
- The costs of the application and of the suit are awarded to the Defendant.
Authorities cited
Legislation (1)
- Limitations of Actions Act
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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