JUDGMENT OF ONYANGO OTIENO, AG. J.A:
. In his judgment dated 18th day of November, 2002, the learned judge of the superior court, Visram J entered judgment on liability in favour of Intercom Services Limited, Interstate Communications and Services Limited, Swiftair (K) Limited, and Kenya Continental Hotel Limited (all of which I will refer to as the first, second, third and fourth respondents respectively in this judgment), and James Kanyita Nderitu (to whom I shall refer as the fifth respondent) against Standard Chartered Bank PLC (to which I will refer as the appellant in this judgment) with costs which would be based on the quantum of damages to be determined later. This was because, the parties, as is clear from the proceedings, did agree in the course of the hearing that the decision be first made on liability only.
In the original plaint dated 1st March, 1988, the first four respondents were customers of the appellant at Westlands branch, Nairobi while the fifth respondent was the…