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The Co-operative Bank was on Monday sued by a sacco for clearing and paying over Sh4 million through forged cheques against its account.
AAA Savings and Credit Co-operative Society has, through its lawyer C N Ngugi and Associates, filed a case at the Milimani Commercial Court, accusing the bank of causing it Sh4,046,600 loss by allowing the payment of 44 cheques against its account.
AAA claims that on diverse dates between June and September 2014, the bank, its agents, servants and employees without its authority, cleared and paid 44 forged cheques to various purported payees.
The bank debited the plaintiff’s account with various amounts of the said cheques.
According to AAA, the cheques had been stolen from a cheque book that had been issued by Co-op Bank. The book had forged signatures and therefore ought not have been cleared and paid, said the sacco.
The savings society says that the transactions were contrary and in disregard to the instruction/mandate issued by them to the lender.
The society, which runs a bank account with the bank, said that Co-op acted wrongly, negligently and recklessly by paying against the cheques that were signed by the wrong signatories.
According to the sacco, it had in letter dated January 2014 notified Co-op Bank of a change of signatories to its account pursuant to a resolution passed in meeting held on 12 of the same month.
The letter also notified the bank’s Nanyuki branch of the identity of the new signatories, as well as the signing instructions.
The letter also provided the defendant with the new signatories’ signature specimens, their designations and copies of their identity card numbers.
“The defendant failed to properly and diligently scrutinise signatures on the said cheques against signature specimens provided by the plaintiff when collecting and paying the cheques,” the suit reads.
AAA also accuses the bank of failing to make enquiries as an honest and reasonable bank would make in the circumstances.
The society now wants the court to make a judgment against the bank for the sum of Sh4,046,000 with the interest at the court rates.
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