Case Analysis

Forged Company Cheques and Mandatory Signatory Bank Claims Lawyer and Advocate in Mombasa

You are a mandatory signatory on a company account, yet disputed cheques have been paid. A forged cheque lawyer or advocate in Mombasa should examine both your right to bring the claim and the evidence of the bank's breach. Proving that a signature is not yours does not necessarily resolve every question about the bank's standard of care.

What the NCBA appeal decided

The High Court accepted the mandatory signatory's standing but found bank negligence unproved where the disputed signatures appeared strikingly similar and forensic examination was needed. It set aside the judgment against the bank and dismissed that suit against it; judgment against the other two defendants remained. Each party bore its own costs. The result neither approved forgery nor established that banks can ignore signing mandates.

Obtain the operative account mandate

Bring the account-opening documents, signature instructions and later changes. Identify whether your signature was mandatory for every transaction or only particular categories. The current mandate may differ from the one in force when a cheque was paid, so organise versions by date.

Explain your relationship to the company and the purpose of the signing arrangement. A shareholder, director, lender and authorised signatory may have different legal interests. An adviser should identify the right allegedly breached rather than infer standing solely from your investment in the business.

Keep board resolutions and communications with the bank about signing changes. Explain any disputed resolution or instruction. If you deny authorising an alteration, preserve the documents supporting that position instead of relying only on a later statement that you objected.

Build the transaction record

Request cheque images, statements and the payment dates through the proper channel. Identify each questioned cheque separately, with the amount and payee. Distinguish the instrument presented from the debit entry; both may be needed to understand what the bank processed.

Provide authentic comparison signatures from the relevant period where appropriate. Tell the advocate which originals are available and which documents are copies. Do not mark or alter the originals. The quality and provenance of the material may affect the usefulness of an expert examination.

Separate an absent signature from a purported signature alleged to be forged. They can raise different factual questions. Describe what is visible on each cheque rather than using the same general allegation for the entire series of payments.

Assess what expert evidence can establish

If a document examiner has reported, provide the full report and qualifications. Identify the specimens used and the method described. Ask whether the examiner can attend and explain the opinion if required. A conclusion without a clear evidential foundation may invite challenge.

Distinguish a forensic finding from the question whether ordinary banking checks should have detected the problem. Your adviser should examine the alleged omission, the mandate and the circumstances of payment. The standard of care needs evidence directed to the bank's conduct, not only to the forgery itself.

Preserve any call-back, verification or complaint records available. Identify what the bank knew at the time rather than attributing later information to its staff retrospectively. A precise chronology helps avoid confusing a subsequent discovery with an earlier warning.

Identify the loss and the possible defendants

Explain who owned the withdrawn funds and how the disputed transaction affected your own rights. Keep investment agreements, repayment arrangements and company accounts. The appropriate claimant and remedy may depend on more than who contributed money to the account.

Provide information about the cheque drawer and recipient that is supported by records. Do not publish accusations of collusion based on suspicion. An advocate can assess the claims against each party and what evidence supports them, including any separate police process.

Calculate the disputed amount and deduct recoveries already received. Keep proposed alternative remedies separate. Asking for an account credit and a personal payment of the same sum requires careful drafting to avoid duplicate recovery.

If a judgment or appeal already exists

Bring the pleadings, evidence, expert report, judgment and current orders. Identify which defendants remain liable and which findings are being challenged. An outcome concerning one defendant should not be treated as cancelling every part of a multi-party case.

A Mombasa advocate reviewing forged company cheques can assess standing, mandate compliance, expert evidence and loss together. A focused consultation should identify what the documents prove, what remains missing and which remedy can be pursued against the relevant party.

Editorial analysis checked on 8 October 2026. Practical document guidance is commentary. The cited case is not our firm’s case or a promised outcome; later orders may affect its position.