Kenya Commercial Bank Ltd v Bryceson N. Kuboka T/A Airport Africana Restaurant (Civil Appeal 101 of 2015) [2016] KEHC 2559 (KLR) (14 October 2016) (Judgment)
- Court
- High Court of Kenya
- Case number
- 2559
- Citation
- [2016] KEHC 2559 (KLR)
- Decided
- 14 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment of the High Court of Kenya at MombasaCoramHON P.J.O. OTIENO
Holding
The appeal is dismissed with costs.
Facts
The Respondent initiated a suit challenging the Appellant's right to freeze the Respondent's account at the Appellant's branch at Moi International Airport Mombasa. The account was frozen on 1/6/2013, and the suit sought an account of all transactions and payments, loss of income, and defreezing of the account.
Issues
- Appellant's right to freeze the Respondent's account
- Quantification of loss of income
Reasoning
The court found that the losses were ongoing and no specific sum had been proved, making them general damages. The court also found that the trial court erred in allowing additional evidence for loss of income.
Outcome
Appeal dismissed
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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