<p class="ql-align-center"><strong><u>JUDGMENT</u></strong></p><p class="ql-align-justify">July 19, 1988, Nyarangi JA delivered the following Judgment.</p><p class="ql-align-justify">I agree with Platt JA’s elucidation of the background of the history of claims for dishonoured cheques.</p><p class="ql-align-justify">I pass to consider the appellant’s contention that the sum of shs 15,000/= warded by the High Court as damages is manifestly inadequate to compensate him for the injury and loss he suffered in the circumstances. Mr. Ombete for the appellant said liability is not in dispute, that the relationship of customer and banker was proved by evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal prosecution. Counsel argued that if the Judge had borne in mind the words “account closed’ the award would have been substantial. The appellant was a trader and the damages should have been greater than if the cheques had been endorsed with the words ‘refer to drawer’…</p>