Uganda Case Law

Hasmani v National Bank of India Limited (Civ. App. No. 18 of 1938)

Hasmani v National Bank of India Limited (Civ. App. No. 18 of 1938) [1938] EACA 99 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 18 of 1938

Judge

Bartley J, Sheridan, (C.J. Kenya), Whitley CJ

The Court held that the appellant was liable on the bill of exchange, the overdraft, and for money had and received, notwithstanding the fraud of his agent. The agent acted within the scope of his authority under the power of attorney and banking mandate, which included drawing and discounting bills and operating the appellant's account. The principal is liable for the agent's acts done in the course of authorized business, even if fraudulent, as established by section 238 of the Indian Contract Act and common law authorities. The proceeds of the fraudulent bills were credited to the appellan…

Source excerpt

• Principal Agent Liability
• Fraudulent Bills Of Exchange
• Money Had And Received
• Banking Mandate
• Authority Of Agent
• Overdraft Liability