Consolidated Bank of Kenya Ltd v Maisha Flour Mills Ltd [2017] KEHC 3443 (KLR)
- Court
- High Court of Kenya
- Case number
- 3443
- Citation
- [2017] KEHC 3443 (KLR)
- Decided
- 18 September 2017
The judgment for the Respondent against the Appellant for the sum of Ksh.783,500 was set aside as it was not supported by evidence.
Facts
The Respondent, Maisha Flour Mills Ltd, sued the Appellant, Consolidated Bank of Kenya Ltd, claiming that the bank had lost a cheque for Ksh.783,500 and was liable for the payment of the sum together with interest. The Appellant denied the claim, stating that the cheque was replaced with another cheque and the funds were credited to the Respondent's account.
Issues
- Whether the Appellant is liable for the payment of the sum of Ksh.783,500 due to the loss of a cheque
- Whether the Appellant acted unprofessionally by dealing with the Respondent's client behind the back of the Respondent
Reasoning
The lost cheque was replaced by the customer and funds credited into the Respondent's account. The evidence of the defense witnesses explained that the lost cheque was replaced and funds credited to the Respondent's account, thus the Appellant did not owe the Respondent any sum.
Outcome
The appeal was allowed, and the judgment and decree dated 30th May, 2012 were set aside.
Orders
- The Appellant will have the cost of this appeal.
Loading judgment…