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Kitise v Kenya Commercial Bank Limited (Civil Appeal E826 of 2021) [2024] KEHC 874 (KLR) (Civ) (31 January 2024) (Judgment)

[2024] KEHC 874 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
874
Citation
[2024] KEHC 874 (KLR)
Decided
31 January 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment of Kagoni, E.M., PM in Milimani CMCC No. 336 of 2019CoramCW MEOLI, Mustafa
Holding

The Appellant's claim is dismissed

Facts

The Appellant sued the Respondent for refund of Kshs. 2,258,640.98, damages, and alleged breach of contract. The Appellant claimed that the Respondent breached the loan agreement by only advancing Kshs. 454,841/- instead of the agreed Kshs. 702,225/-, and by making unauthorized transactions.

Issues

  1. Whether the Respondent breached the loan agreement
  2. Whether the Appellant suffered loss/damage as alleged

Reasoning

The court found that the Respondent did not breach the loan agreement and that the Appellant did not suffer any loss/damage.

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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