Kenya Case Law

Njenga & 2 others v Ecobank (K) Limited & another

Njenga & 2 others v Ecobank (K) Limited & another [2023] KEHC 17448 (KLR)

Court

High Court

Case number

Civil Suit E484 of 2022

Judge

A Mabeya

The court found that the plaintiffs, by virtue of a valid and subsisting court order, were restored as directors and shareholders of the nominal defendant, satisfying the membership requirement for a derivative action. The cause of action—alleged breach of duty by the defendant bank resulting in financial loss to the nominal defendant—was vested in the company, and the reliefs sought were for its benefit. The plaintiffs established a prima facie case that the bank permitted unauthorized transactions and withheld bank statements, potentially to the detriment of the nominal defendant. The court…

Source excerpt

• Derivative Actions
• Banker Customer Relationship
• Minority Shareholder Rights
• Company Directorship
• Fraud Allegations
• Bank Account Operations

In the matter of JCM

In the matter of JCM [2021] KEHC 4216 (KLR)

Court

High Court

Case number

Miscellaneous Application E108 of 2021

Judge

FM Mutuku

The High Court granted interim guardianship and bank-account access to the applicant, limited to the patient’s care, bills, and business continuity pending the petition.

• Guardianship Of Adults
• Interim Orders
• Management Of Estate
• Bank Account Operations
• Guardianship-of-adults
• Interim-orders

Apex Security Services Limited v Family Bank Limited

Apex Security Services Limited v Family Bank Limited [2019] KEHC 4857 (KLR)

Court

High Court

Case number

Civil Case 317 of 2015

Judge

MM Kasango

The High Court declined to set aside a dismissal for want of prosecution, finding the plaintiff’s explanations vague and unsupported by evidence.

• Dismissal For Want Of Prosecution
• Setting Aside Orders
• Injunctions
• Bank Account Operations
• Dismissal-for-want-of-prosecution
• Setting-aside-orders

Josphat Nyabuto Mogoko & Funan Construction & General Merchants Co. Ltd v K- Rep Bank Limited

Josphat Nyabuto Mogoko & Funan Construction & General Merchants Co. Ltd v K- Rep Bank Limited [2016] KEHC 920 (KLR)

Court

High Court

Case number

Civil Appeal 45 of 2012

The appeal was dismissed because the first appellant, though a director, lacked locus standi to institute the suit or depone the verifying affidavit on behalf of the second appellant without proper authorization. The second appellant's suit was unsustainable due to the absence of a valid verifying affidavit by an authorized officer. Furthermore, the account in question was opened in the name of Funan Construction Co. Ltd, a separate legal entity from the second appellant, and the funds deposited belonged to the former. The appellants had no legal right to operate the account or claim the fund…

Source excerpt

• Company Directors Authority
• Corporate Personality
• Bank Account Operations
• Fraudulent Misrepresentation

IN RE THE MATTER OF THE WAKF OF LIWALI SALIM BIN KHALFAN

IN RE THE MATTER OF THE WAKF OF LIWALI SALIM BIN KHALFAN [2011] KEHC 2765 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application 240 of 2001

Judge

JB Ojwang

The High Court at Mombasa allowed an ex parte application to vest Wakf property in the applicant as trustee and authorize bank account access and new trust accounts.

• Trust Appointment
• Wakf Property Management
• Vesting Orders
• Bank Account Operations
• Trust-appointment
• Wakf-property-management

PETER MAMBEMBE (NATIONAL CHAIRMAN, KENYA INTERNATIONAL FREIGHT& WAREHOUSING ASSSOCIATION,JAIRUS MUSYOKA NATIONAL VICE CHAIRMAN KENYA INTERNATIONAL FREIGHT & WAREHOUSING ASSOCIATION,VINCENT MWACHIRO, (NATIONAL SECRETARY,KENYA INTERNATIONAL FREI

PETER MAMBEMBE (NATIONAL CHAIRMAN, KENYA INTERNATIONAL FREIGHT& WAREHOUSING ASSSOCIATION,JAIRUS MUSYOKA NATIONAL VICE CHAIRMAN KENYA INTERNATIONAL FREIGHT & WAREHOUSING ASSOCIATION,VINCENT MWACHIRO, (NATIONAL SECRETARY,KENYA INTERNATIONAL FREI [2011] KEHC 4201 (KLR)

Court

High Court

Case number

Civil Suit 320 of 2010

Judge

JB Ojwang

The High Court varied interim orders in an association governance dispute, allowing limited use of bank accounts to pay staff salaries and standing charges pending trial.

• Interlocutory Injunctions
• Association Governance
• Bank Account Operations
• Interlocutory-injunctions
• Association-governance
• Bank-account-operations

FRANCIS OKENY OLAKA v KENYA COMMERCIAL BANK LTD

FRANCIS OKENY OLAKA v KENYA COMMERCIAL BANK LTD [2010] KEHC 3961 (KLR)

Court

High Court

Case number

Civil Case 7 of 2008

The High Court found the bank negligent in handling the plaintiff’s accounts, ordered an account and payment of dues, but declined special damages for unpleaded expenses.

• Bank Account Operations
• Unauthorized Withdrawals
• Bank Negligence
• Special Damages Pleading
• Customer Protection
• Bank-negligence

FRANCIS OKENY OLAKA v KENYA COMMERCIAL BANK LTD 2010

FRANCIS OKENY OLAKA v KENYA COMMERCIAL BANK LTD 2010 [2010] KEHC 3705 (KLR)

Court

High Court

Case number

Civil Case 7 of 2008

The High Court held that a bank was negligent in mishandling a customer’s accounts and entered judgment for the customer, but declined unpleaded special damages.

• Bank Account Operations
• Unauthorized Withdrawals
• Negligence By Bank
• Special Damages Pleading
• Account Closure Disputes
• Bank-negligence

CENTRAL BANK OF KENYA v GIRO COMMERCIAL BANK LIMITED AND JIGNESH DESAI

CENTRAL BANK OF KENYA v GIRO COMMERCIAL BANK LIMITED AND JIGNESH DESAI [2007] KEHC 816 (KLR)

Court

High Court

Case number

Civil Case 204 of 2004

Judge

MM Kasango

The court found that the plaintiff had established a prima facie case with a probability of success based on the forensic evidence, police investigations, and statements obtained from the defendants and other parties. The court held that the evidence, though objected to as hearsay, was admissible at the interlocutory stage as it was derived from official records and investigations. The court further determined that the plaintiff would suffer irreparable injury if the injunction was not granted, as damages would not adequately compensate for the potential loss of the subject funds. The court c…

Source excerpt

• Mareva Injunction
• Fraudulent Transfer Of Assets
• Bank Account Operations
• Security For Costs
• Interlocutory Injunctions
• Asset Freezing Orders