JUDGMENT OF THE COURT
This is an appeal from the Ruling of the High Court (Joyce Khaminwa, J.) dated 5th March, 2009 whereby the High Court allowed an application to strike out the appellant’s defence and consequently the High Court entered judgment on liability for the respondent against the appellant. In addition, the High Court ordered that the suit be set down for formal proof.
The respondent’s suit was for damages for breach of contract and damages for libel. The respondent pleaded in the plaint, inter alia, that he was a holder of KCB Serena Card No. 5201 9300 0000 0467 issued by the appellant bank; that it was a term of the contract that the respondent maintains the authorized credit limit and make payments due to the appellant in accordance with the contract; that the appellant would accept all transactions on the said card; that on or about 14th April, 2008 the respondent in compliance with terms of the contract deposited a cheque of Kshs. 19,500 with the appellant for the paym…