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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

Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter


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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