This appeal originates from the High Court (Commercial
Division) whereby the Respondent sued the Appellant basing on the fact that,
the American Company, namely, Wild West Domains Inc., drew a cheque in favour
of the Respondent for the purpose of executing the agreement entered into
between the Company and the Respondent for supplying shoes to a Congolese refugees
Camp in Uganda through the Company’s agent based in Uganda. The Respondent
successfully deposited the cheque with the Appellant. The Respondent was
informed; it would take 21 days for cheque to mature. After such period, the
Respondent managed to draw a total of USD 15,000. Later, she was informed by
the Appellant that the cheque had been returned unprocessed by the drawer’s
bank, one, Deutsche Bank Trust Company Americas New York, NY US, for the reason
of lack of endorsement by the Appellant. Following such irregularity, the
Appellant requested the cheque to be re-banked. Thereafter, the cheque went
missing. The Respondent filed a case in the High Court claiming for relief. The
trial Court entered judgment in favour of the Respondent. Aggrieved with the
decision, Appellant filed this appeal.