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Charterhouse Bank Limited (Under Statutory Management) v. Frank N. Kamau

(2016) JELR 103239 (CA)

Court of Appeal  •  Civil Appeal 87 of 2014  •  4 Nov 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The central question in this appeal is whether a trial court is ipso facto obliged to enter judgment for the plaintiff once the defendant elects not to call any evidence, after the close of the plaintiff’s case. The appellant, Charterhouse Bank Limited (Under Statutory Management) thinks so and faults the High Court for holding that despite the failure by the respondent, Frank N. Kamau, to call evidence in support of its defence, the appellant’s claim was not proved. The respondent on the other hand retorts that it was not obliged to call evidence to rebut what was not a prima facie case.

On 19th May 2008, the appellant, then under statutory management, filed a claim in the High Court against the respondentclaiming a sum of Kshs.18, 075,270.50 as of 30th November 2007 and interest at the rate of 14.75% p. a. until payment in full. The appellant averred that at all material times, a bank-client relationship existed between them on the basis of which the respondent …

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