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CFC Stanbic Bank Limited v Kenya Programmes for Sustainable Development [2024] KECA 154 (KLR)
The Court of Appeal dismissed a bank’s appeal over payment of a cheque after a stop-payment letter signed by one signatory, finding the bank should have made inquiries.
Kenya Programmes for Sustainable Development v Cfc Stanbic Bank Limited [2017] KEHC 9214 (KLR)
The court found that while the bank was not obliged to act on stop payment instructions that did not comply with the mandate (i.e., not signed by all three authorized signatories), the bank was nevertheless put on notice by the unusual circumstances—specifically, the chairman, who was also a signatory to the cheque, issuing instructions to stop payment. This inconsistency should have prompted the bank to make further inquiries before honouring the cheque. The bank's failure to do so amounted to a breach of its duty of care to the customer. However, the plaintiff was also found to have contrib…
Source excerpt
KENYA PROGRAMMES FOR SUSTAINABLE DEVELOPMENT v CFC STANBIC BANK LIMITED [2010] KEHC 1479 (KLR)
The High Court dismissed a bank customer’s summary judgment application over a disputed stop-payment instruction, holding that triable issues required trial.
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