JUDGMENT OF THE COURT
[1] In a further amended plaint dated 28th February, 2012 filed in the High Court at Nairobi Milimani Commercial Courts, Zulfiquar Ali Jaffery, the respondent herein, pleaded that he was at all material times a customer of African Banking Corporation Limited, the appellant herein, at its Koinange Street and Westlands Branches at which he had Fixed Deposit Accounts namely:
(a) Koinange Street A/c No. particulars withheld ;
(b) Koinange Street A/c No. particulars withheld;
(c) Koinange Street A/c No. particulars withheld;
(d) Westlands Branch A/c No. particulars withheld;
[2] He further pleaded that on diverse dates between 15th January, 1998 and 18th April, 2000 he would deposit various amounts of monies into those accounts and at no time during the said period, did he withdraw large sums of money from the accounts nor did he otherwise issue instructions to the appellant, its servants, employees or agents to withdraw any money therefrom save once when he authorized the …