RULING OF THE COURT
The respondent, Habihalim Company Limited purchased a bankers cheque in the sum of US$29,127.20 from the applicant’s (Barclays Bank of Kenya Limited) Nkrumah branch on 24th September, 2013. When that cheque was presented for payment it was dishonoured by the applicant on the grounds that there were insufficient funds in the respondent’s account. This action did not go down well with the respondent which filed a suit at the High Court against the applicant claiming various reliefs. The applicant filed an appropriate defence against that suit but the respondent successfully had that defence struck out. The suit in the High Court between the parties herein is pending in that court for formal proof.
The respondent did not stop there. Through a notice of motion filed in that court on 24th March, 2016 it was prayed in the main that the applicant be ordered to deposit in court a sum of Shs.6,000,000/= being anticipated costs and damages or in the alternative US$29,127.20 b…