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Kanji v. Agriquip Agencies (EA) Ltd

(1984) JELR 100259 (CA)

Court of Appeal  •  Civil Appeal No 55 of 1982  •  20 Feb 1984  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter

Judgement

Kanji v. Agriquip Agencies (EA) Ltd

Court of Appeal, at Nairobi February 20, 1984

Potter, Kneller JJA and Chesoni Ag JA

Civil Appeal No 55 of 1982

Commercial Instruments - promissory notes - bills of exchange - cheques - definition - purpose of - enforcement of - rights of the holder - liabilities of person issuing - claims for payments under promissory notes - defences for such claims - assessment of claim by court - application for summary judgment - factors taken into consideration - when court can allow application - existence of triable issues.

The respondent had sold two compressors to the appellant for Kshs 417,979 and the appellant had accepted a note, said to be a bill of exchange for that amount and due for payment at a later date. This note was returned by the bank with the remark ‘not provided for.’ The appellant was unable to re-sell the compressors and after protracted negotiations between the parties, returned one of them to the respondent. The respondent then sued for the p…

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