This problem is based on cheques crossed generally but with the words “not
negotiable”.
In this case it is apparent that Atieno had no title to the cheque and could not negotiate
it to Nairobi Harambee Secondary School. The school therefore acquired no title to it
or the amount.
The amount is therefore recoverable.
My advise to Onyango is to sue Nairobi Harambee Secondary School for the amount.
My advise is based on the decision in Wilson and Meeson V. Pickering whose facts were
substantially similar.
maurice.mutuku answered the question on May 2, 2018 at 13:05
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