[1996] KEHC 1 (KLR)

[1996] KEHC 1 (KLR)

The court found that the defendant did not deny the plaintiff's assertion that the cheques debited to its account did not belong to it. The defence filed by the defendant was deemed a hollow sham and did not disclose any bona fide triable issues. Consequently, the court held that summary judgment was appropriate in...

Source-derived case information.

Citation
[1996] KEHC 1 (KLR)
Parties
Plaintiff: Fulchand Manek & Brothers; Defendant: Bullion Bank Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 101 of 1996
Procedural Posture
Civil Case / Ruling on Application for Summary Judgment
Outcome
Summary judgment entered for the plaintiff as prayed for the sum claimed. Issue of general damages to be tried separately.
Legal Topics
Summary Judgment, Bank Account Debits, Cheque Fraud
Source Language
en
Civil Procedure Banking and Finance Summary Judgment Bank Account Debits Cheque Fraud

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fulchand Manek & Brothers

Plaintiff

Bullion Bank Limited

Defendant

Procedural Posture

Civil Case / Ruling on Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendant's defence raised any bona fide triable issues to resist summary judgment.
  2. 2 Whether the cheques debited to the plaintiff's account belonged to the plaintiff.

Ratio Decidendi

The court found that the defendant did not deny the plaintiff's assertion that the cheques debited to its account did not belong to it. The defence filed by the defendant was deemed a hollow sham and did not disclose any bona fide triable issues. Consequently, the court held that summary judgment was appropriate in the circumstances, as there was no genuine issue requiring trial on the main claim for the sum debited. However, the issue of general damages was reserved for determination through oral evidence at a later date.

Court Disposition

Summary judgment entered for the plaintiff as prayed for the sum claimed. Issue of general damages to be tried separately.

Orders

  • Judgment entered for the plaintiff in the sum of Ksh. 789,649 plus costs and interest.
  • The question of general damages to be tried on viva voce evidence at a later date.