JUDGMENT OF THE COURT
By a plaint dated 15th October, 2009 and filed in the High Court at the Milimani Commercial and Tax Division on 19th October, 2009 the respondents, Amreen Kutbuddin Mukadam and Noreen Ashiq Hassan Sheikh (hereinafter “the Respondents”), claimed against the appellant Ecobank Kenya Limited (hereinafter “the bank”), the sum of Kshs 3,628,597/83 plus interest at 7% per annum from 29th September, 2005 until the date of the suit and further interest at court rates from the date of filing suit until payment in full. The respondents also prayed for costs and such other and/or further relief the court would deem fit to grant.
The foundation of the claim was a fixed term deposit made by the respondents at the appellant’s Fedha Towers, Muindi Mbingu Branch and acknowledged by the appellant and which deposit had, from time to time, been rolled over upon maturity in accordance with agreed terms. The respondents alleged that the appellant had refused or neglected to pay them the…