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Nyamogo & Nyamogo Advocates v. Barclays Bank of Kenya

(2015) JELR 94697 (CA)

Court of Appeal  •  Civil Appeal 69 of 2005  •  8 May 2015  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

Introduction.

The appellant Nyamogo and Nyamogo Advocates filed Nairobi High Court Civil suit number 2410 of 1999 against the respondent Barclays Bank (K) Limited. The plaint is dated and filed on the 16th day of December, 1999. The appellant’s complaint was basically that on the 8th day of June, 1998, the appellant drew a cheque upon the respondent as its banker for Kshs.4,376,402.35 payable to Arthur William Ogwayo. On order in payment of a business debt due to the said Arthur William Ogwayo; on or about the 3rd of June, 1998 the respondent failed to effect special clearance of the cheque out of which, to the knowledge of the respondent, funds were to be made available to the same Arthur William Ogwayo who was leaving on a business trip to Southern Africa and who had to leave without the money. By reason of matters complained of, the appellant suffered loss of a customer, loss of credit and reputation and loss of business. In consequence thereof, the appellant cl…

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