Daniel Gachanja Githaiga v Credit Reference Bureau Africa Ltd & 2 others [2020] KEHC 3299 (KLR)
- Court
- High Court of Kenya
- Case number
- 3299
- Citation
- [2020] KEHC 3299 (KLR)
- Decided
- 9 September 2020
The Plaintiff's claim for defamation and compensation is dismissed. The motor vehicle registration number KBL 905 is impounded and sold by public auction. The Plaintiff is ordered to bear his own costs, while the 3rd Defendant is ordered to pay the Plaintiff's costs.
Facts
The Plaintiff, Daniel Gachanja Githaiga, approached Equity Bank Ltd for a loan facility to expand his business. Credit Reference Bureau Africa Ltd and CFC Stanbic Bank Limited issued false information about the Plaintiff, damaging his business and character.
Issues
- Defamation by Credit Reference Bureau Africa Ltd and CFC Stanbic Bank Limited
- Compensation for loss and damage
- Remedies for the Plaintiff's business and character
- Impounding of motor vehicle registration number KBL 905
Reasoning
The court found that the Plaintiff did not prove his case against the 1st Defendant and that the Plaintiff shielded the main culprit. The Plaintiff failed to prove his signature was forced or the alleged defamation.
Outcome
Appeal dismissed
Orders
- Motor vehicle registration No. KBL 905 be impounded and sold by public auction
Remedies
- Compensation for loss and damage
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Banking Act (cap 488) Laws of Kenya
- Banking (Credit Reference Bureau) Regulations, 2008
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