The firm represented Eco Bank Limited in HCCC No. 313 of 2009 Rising Freight Limited v Eco Bank Limited in a claim for Kshs. 6,092,422 arising from alleged breach of duty of care and collusion and fraud. In dismissing the suit with costs in favour of the Defendant, the court held that payment of the drawee banker in good faith and in the ordinary course of business discharges the instrument and entitles the bank to debit his customer. Under the provisions of section 60 (1) of Cap 27, the Defendant was entitled to debit the Plaintiff’s account as it was at all times acting in good faith and in due course of business. A bank cannot be held liable merely because they have not subjected an account to microscopic examination.
The Bank was represented by Mr. Emmanuel Wetang’ula of Mohammed Muigai Advocates.