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Kenya decisions
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Oriental Commercial Bank Limited v Shreeji Contractors Ltd & 2 others [2024] KEHC 8602 (KLR)
The High Court allowed the bank’s consolidated appeals, set aside the lower court decree and execution steps, dismissed the suit, and allowed the bank’s counterclaim.
Standard Chartered Bank (K) Ltd v Mohammed [2023] KEHC 26267 (KLR)
The High Court allowed a bank’s appeal, finding the respondent liable for an overdrawn account and granting judgment for the principal sum with court-rate interest.
Universal Traders Sacco Limited v Mwatu [2023] KECPT 772 (KLR)
The Cooperative Tribunal entered judgment for Universal Traders Sacco Limited for Kshs. 1,139,319.77, plus costs and interest, after the respondent failed to rebut the debt claim.
Amica Savings & Credit v Munyua [2023] KECPT 766 (KLR)
The Tribunal found the respondent liable for unpaid cheque-related sums and an outstanding loan balance, but reduced the claimed overdraft after crediting proven cash payments.
Moss Enterprises Limited v Equity Bank (K) Limited [2022] KEHC 11495 (KLR)
The court found that the defendant did not make a clear and unequivocal admission of liability for the sum claimed by the plaintiff. While the existence of the distributorship agreement and overdraft facility was admitted, the defendant's pleadings denied owing the plaintiff and instead asserted that the plaintiff remained indebted to the bank. The pleadings raised substantive triable issues, including the actual state of accounts and mutual liabilities, which could not be resolved summarily. Therefore, the threshold for judgment on admission under Order 13 Rule 2 of the Civil Procedure Rules…
Source excerpt
Ecobank Kenya Limited v Liberty Graphics Kenya Limited, Wilfred Kashonga Saroni, William Karomo Mungai & Njeru Karuana [2021] KEHC 7691 (KLR)
The High Court entered judgment against the borrower for an overdraft debt proved by statement of account, but dismissed claims against the guarantors for lack of proof and service.
Ecobank Kenya Limited v Belcom Agencies Limited & Abel Moranga Ongwacho [2020] KEHC 4830 (KLR)
The High Court found that Ecobank advanced an overdraft facility, allowed some disputed charges, awarded the bank Kshs. 26,367,420.34 with interest, and dismissed the counterclaim.
Co-operative Bank of Kenya Limited & Leakey’s Auctioneers v Boniface K. Mwega & Sarah Bonface [2019] KEHC 2762 (KLR)
High Court upheld an injunction restraining sale of charged land, finding the respondents had shown a prima facie case and possible irreparable harm.
James Olle ole Ngiti v National Bank of Kenya Ltd [2019] KEHC 7827 (KLR)
The High Court dismissed an appeal over an overdraft debt, holding that the appellant had a bank-customer relationship and that the bank complied with section 44A.
Prime Bank Limited v Samuel M’Inoti [2018] KEHC 10084 (KLR)
The High Court awarded Prime Bank judgment for a loan and overdraft debt, dismissed the defendant’s counterclaim, and allowed interest from filing date.
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