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Nicholas Mahihu Muriithi v. Barclays Bank Kenya Limited

(2018) JELR 94861 (CA)

Court of Appeal  •  Civil Appeal 340 of 2012  •  11 May 2018  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant filed suit against the respondent for:

“(a) a declaration that the debit entries made on the Plaintiff?s Plus Account Number [Particulars Withheld] with the Defendant at the Defendant?s Barclays Plaza Business Centre Branch and the transfers in respect thereof to loan account numbers [Particulars Withheld] and [Particulars Withheld] on 23rd October 2006, were unauthorized, unlawful and void.

(b) a permanent mandatory injunction directing the Defendant whether by itself, agents, servants or otherwise howsoever to reverse or correct the debit entries made on the Plaintiff?s Plus Account Number [Particulars Withheld] with the Defendant at the Defendant?s Barclays Plaza Business Centre Branch and the transfers in respect thereof to loan account numbers [Particulars Withheld] on 23rd October 2006, and credit the Plaintiff?s said account with the sum unlawfully debited together with interest thereon at the Defendant?s prevailing commercial rate of 15 per cen…

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