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Meya Agri Traders v. Eco Bank Kenya Limited

(2020) JELR 99134 (CA)

Court of Appeal  •  Civil Appeal 108 of 2016  •  5 Jun 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: OKWENGU, KIAGE and SICHALE, JJ.A)

CIVIL APPEAL NO. 108 OF 2016

BETWEEN

MEYA AGRI TRADERS ............................................ APPELLANT

AND

ECO BANK KENYA LIMITED ................................ RESPONDENT

(Appeal from the Judgment of the High Court of Kenya at Nakuru (A. Mshila, J.) dated 10th November, 2015

in

Civil Case No. 56 of 2013)

************************

JUDGMENT OF KIAGE, J.A

By this appeal the appellant Meya Agri Traders Ltd (the customer) challenge part of the decision of the High Court at Nakuru (Mshila, J.) that dismissed its claim for Kshs. 10,486,780 and Kshs. 80,000 bank charges on account of cheques dishonoured by the respondent Eco Bank Kenya Limited (the Bank).

The customer had filed suit against the bank, with which it had a corporate account No. 01500xxxxxxxxxxx at its Nakuru Branch and an overdraft facility to the tune of Kshs. 20 million, claiming that in breach of the bank’s duty to observe reasonable skill and care in and …

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