JOSEPH KAHUGU WAKARI V. BARCLAYS BANK OF KENYA LIMITED & BRACLAYS BANK (PLC)

JUDGMENT OF AKIWUMI, J.A.

The respondents who are well known banks, sued the appellant in this appeal, seeking from him the sum of KShs.591,747/15 plus costs and interest. The respondents alledge in their plaint that by an agreement dated 18th January, 1990, made between them the first respondent acting as agent of the second respondent, and the appellant, they would pay the appellant who ran a curio shop for tourists known as Jambo Curio Shop, the amount shown on sale vouchers presented by him in respect of goods sold and services provided by his curio shop upon the presentation of Barclays and Visa credit cards. It was part of the agreement which was signed by the appellant on behalf of his Jambo Curio Shop, that the presentation of the sale vouchers was a warranty by him, inter alia, that the facts contained in the sale vouchers were true to his knowledge and that the goods and services stated therein to have been sold or provided by Jambo Curio Shop had in fact taken place. It wa…