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Julius Kulundu Asiba v. Consolidated Bank of Kenya

(2015) JELR 100467 (CA)

Court of Appeal  •  Civil Appeal 57 of 2012  •  9 Oct 2015  •  Kenya

Coram
Wanjiru Karanja, Philomena Mbete Mwilu, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The matter before L. Njagi, J., appears to have been simple and straightforward but has provoked this appeal where the appellant, Julius Kulundu Asiba, has raised 31 grounds of appeal against the Judgment delivered on 31st January, 2012.

The respondent, Consolidated Bank Limited, in the suit filed at the High Court of Kenya, Nairobi, on 15th October, 2007 claimed that the appellant, who was its customer, deposited a foreign US Dollar cheque No. 018292 for $67400 (equivalent Kshs.5,234,837/20) drawn on Worth National Bank, Texas; that it sent that cheque to its collecting bank, Citibank NA in New York; that the cheque was duly cleared; that it released a sum of Kshs.3,592,663/65 to the appellant but that immediately thereafter the said collecting bank informed the respondent that the said cheque was a forgery; that the collecting bank debited the respondent’s account with the full value of the cheque and that the respondent was then entitled to a refund of the sum i…

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