STANDARD BANK LTD V. JOHN HENRY AKELLO

JUDGMENT

This appeal is brought by the Standard Bank Ltd against the dismissal of its suit in Civil Case 1102 of 1976 by the High Court at Nairobi (Platt J).

The plaintiff had prayed for judgment against one John Henry Akello for the sum of Shs 135,211/15, part of a total amount of Shs 167,000/50 allegedly paid to him under a mistake of fact as to mandate and consequently received to the use of the appellant. The principal allegations of the plaintiff were:

3. At all material times a company named Burns and Blane maintained an account at the Kenyatta Avenue branch of the [appellant] in Nairobi.

4. On or about 11th February 1975 a cheque purporting to be drawn by the said Burns and Blane Ltd on the said account for the sum of Kenya Shs 167,000/50 in favour of the [respondent] was presented to the [appellant] by the Government Road branch of Barclays Bank International Ltd on behalf of the [respondent] for payment.

5. The [appellant] accordingly paid the said sum of Kenya Shs 167,000/50 to t…