FARAJ ABDALA IDHA T/A SAFIF TRADING V. GULF AFRICAN BANK LIMITED

JUDGMENT

Background

1. This appeal arises from the judgment and decree of Hon. Lady Justice O. Sewe delivered on 28th October 2016 in Nairobi High Court (Commercial & Tax Division) Civil Case No. 522 of 2014 in which the appellant, Faraj Abdalla Idah t/a Safif Trading, had sued the respondent, Gulf African Bank Limited, seeking judgment for –

   a. the sum of GBP 63,004.6 or its equivalent of KShs. 8,924,207 at the exchange rate of 141.64;

   b. costs of the suit; and

   c. interest on (a) at the rate of 14% per annum from 10th April 2014, being the date of the withdrawal until payment in full.

2. The respondent filed its defence and denied the appellant’s claim praying that the appellant’s suit be dismissed with costs on a full indemnity basis.

3. The suit proceeded to hearing at the conclusion of which the Hon. Lady Justice O. Sewe delivered her judgment on 28th October 2016 dismissing the appellant’s suit with costs to the respondent. A decree was issued accordingly on 7th December 2017. Aggrie…