Kenya Commercial Bank Limited v Fredrick Mallya [2017] KEHC 1326 (KLR)
- Court
- High Court of Kenya
- Case number
- 1326
- Citation
- [2017] KEHC 1326 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment and decree of the Chief Magistrate's CourtCoramJ. K. SERGON
Holding
The appeal is allowed, and the order wholly finding the appellant liable is set aside. Liability is apportioned in the ratio of 50% each.
Facts
Respondent filed an action against Kenya Commercial Bank Ltd, seeking special damages and interest for losses incurred due to ATM card withdrawals. The appellant argued the respondent was to blame for the loss.
Issues
- Whether the appellant was wholly liable for the loss and withdrawals made on the suspect ATM Cards
- Whether liability should have been apportioned between the parties
Reasoning
The court finds the appellant and respondent equally responsible for the loss. The respondent failed to keep the ATM cards and PINs in safe custody, and the appellant failed to deactivate the old ATM cards.
Outcome
Appeal allowed
Orders
- Order wholly finding the appellant liable is set aside
- Judgement sum awarded by the trial court is reduced by half
- Interest at court rates on the reduced amount is awarded
- Costs of the suit based on 50% apportionment
- Each party to bear its own costs of the appeal
Remedies
- Apportionment of liability in the ratio of 50% each
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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