JUDGMENT OF THE COURT
This Judgment is in respect of a first appeal arising from the Judgment of F. Gikonyo, J dated 16th June, 2015.
The background to the appeal is that, the respondent sued the appellant (the bank) vide a plaint dated 30th February, 2012 and subsequently amended on the 21st day of August, 2012. In it, the respondent sought special damages of Kshs. 11,700/- with interest thereon at the appellant’s prevailing rates, aggravated, punitive and exemplary damages for precipitating events which subjected the respondent and its partners to public humiliation, ridicule, embarrassment and odium and for which the bank had adamantly failed/refused and/or neglected to apologize to the respondent, together with an attendant order for costs of the suit and interest thereon at the appellant’s rates.
The appellant resisted that claim vide a defence dated 6th August, 2012, denying the respondent’s claim in toto and put the respondent to strict proof.
The cause was canvassed by way of oral…