JUDGMENT OF THE COURT
This is an appeal by the unsuccessful defendants against the ruling of the superior court (Kuloba, J.) given on 28 July, 1998 whereby he entered judgment in favour of the plaintiff upon the latter's application for summary judgment.
At all material times the defendants were customers of the plaintiff at its Changamwe Road Branch, Nairobi. On or about 12 April, 1995 the defendants deposited with the plaintiff a cheque No. 0560 drawn on Commerce Bank of Kansas City, Missouri, USA in favour of the first defendant for the sum of US Dollars 62,500 for collection in the normal course.
In consideration of the said cheque the defendants were allowed to draw on account against the said cheque which was subsequently returned unpaid, whereupon the plaintiff claimed against the defendants for the value of the said cheque or the amount of Shs.2,698.025.50 obtained by them in consideration of the same.
By their defence the defendants denied the claim and, in the alternative, plead…