BARCLAYS BANK OF KENYA LIMITED V. PATRIOTIC GUARDS LIMITED

JUDGMENT OF THE COURT

The transaction giving rise to the litigation herein culminating in this appeal can be described as fraud per excellence.

Titus Koech Kigen, the managing director of Patriotic Guards Limited (respondent) was sometime in 1999 approached by his former landlord, one Veejay and asked if he was interested in purchasing a residential property. He expressed his interest and he was taken to view a property on a half-acre plot in the upmarket Hurlingham area. He liked the property and a meeting was arranged for him to meet the owner and his authorised estate agent. The authorised agent was Mike Muoki while the person said to be managing the property was a white man referred to as Rudolph.

At the meeting, the purchase price was agreed upon as Kshs. 8,000,000/= with the cost of renovations and repairs being set at Kshs 600,000/=. A meeting with the owner of the house who was said to reside in Uganda was arranged. According to Mr. Kigen ,at the meeting he confirmed the identity…