JUDGMENT OF THE COURT
This is an appeal by the unsuccessful defendant from the ruling and Order of the superior court (Ringera, J., as he then was) given on 1 July, 1996 whereby he allowed the plaintiff's application for summary judgment under the provision of Order XXXV rules 2 and 3 of the Civil Procedure Rules and entered judgment for the plaintiff as prayed in the sum of K.Shs.789,649/= plus costs and interest.
At all material times the respondent firm was the customer of the appellant Bank and maintained a banking account at Nairobi Main Branch of the Bank. On 8 and 13 June 1995 the appellant debited the respondent's account with the Bank against cheque Nos. 000085864 and 000085853 respectively and dated 8 and 13 June 1998 the respective sums of K.Shs.435,150/= and 350,150/= the said cheques being unknown to the respondent. The appellant also debited the respondent a sum of Shs.800/= for cheque books and Shs.3,549/= interest, thus adding up the respondent's loss to Kshs.789,649/=.
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