JUDGMENT OF HON. E. M. GITHINJI, JA.
[1] This is an appeal from the judgment of the High Court of Kenya at Kitale, (J. R. Karanja, J.) whereby the High Court allowed an appeal from the judgment of Senior Principal Magistrate, set aside the judgment and dismissed the appellant’s suit with costs.
[2] On 21st July, 2010, the appellant filed a suit against Standard Chartered Bank Kenya Limited (bank) in the Chief Magistrate’s Court alleging that the bank had unlawfully closed the appellant’s Supersave account No. xxxxxxxxxxx at its Eldoret branch which had a credit balance of Kshs.1,365,000/= as at 27th November, 1996. The reliefs sought in the plaint were:
“(a) an order that the defendant do re-open the plaintiffs super save account and,
(b) General damages.”
The bank denied in its defence, inter alia, that the supersave account had a credit balance of Kshs.1,365,000/= as at 27th November, 1996 and averred, amongst other things, that the appellant operated the supersave account until 1997 whe…