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JAMES MUNIU MUCHERU
V.
NATIONAL BANK OF KENYA LIMITED

(2019) JELR 101131 (CA)

Court of Appeal 25 Jan 2019 Kenya
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Case Details

Suit Number:Civil Appeal 365 of 2017
Judges:Daniel Kiio Musinga, Milton Stephen Asike Makhandia, William Ouko
Location:Nairobi
Other Citations:James Muniu Mucheru v. National Bank of Kenya Limited [2019] eKLR

JUDGMENT OF THE COURT

1. National Bank of Kenya Ltd, the respondent herein, was the plaintiff in the subordinate court. It filed a suit against James Muniu Mucheru, the appellant, seeking to recover Kshs. 349,906.75/= being the amount owing from a credit card facility issued to him, together with agreed and applicable interest rate of 3.5 % per month from 1st October 1999 until payment in full. It also prayed for costs of the suit and interest.

2. The appellant denied owing the sum claimed by the respondent. He averred that he neither applied for nor was he ever granted the alleged credit facility and that the signature appearing on the application form did not belong to him. He stated that the application form did not show the name of the bank official who approved the application at the time. He further claimed that he only came to know of the alleged banking facility on 9th September 2006 when the respondent served him with a plaint.

3. Judgment was nonetheless entered against the app…

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