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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

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 about maintaining the customers’ account, the bank permitted one Joseph Kangethe Njeri, (Joseph) who was the customers’ Finance Manager, to fraudulently draw and deposit various cheques on his or his Mataya Hill Trading Company names, into the customer’s account between January 2012 and 2013. Those cheques, amounting to Kshs. 10,486,700, were upon presentation for payment, dishonoured. The customer ple…

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