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LAZARUS MASAYI ONJALLAH
V.
KENYA COMMERCIAL BANK LTD

(2004) JELR 97677 (CA)

Court of Appeal 9 Jul 2004 Kenya
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Case Details

Suit Number:Civil Appeal 259 of 2001
Judges:Riaga Samuel Cornelius Omolo, Erastus Mwaniki Githinji, Aaron G Ringera
Location:Kisumu
Other Citations:Lazarus Masayi Onjallah v. Kenya Commercial Bank Ltd [2004] eKLR

JUDGMENT OF THE COURT

In an amended plaint filed in the Superior Court on 3rd November, 1997, Lazarus Masayi Onjallah, the appellant herein, pleaded that he was at all material times a customer of the Kenya Commercial Bank, the respondent herein, at its Mumias Branch and that he maintained two interest earning accounts, namely, No 128-028-828 in his own name and No 128-038- 219 in the name his minor son, Antony Mukandia Masayi. He further pleaded that as at 24th June, 1994, his account number 128-028-828 had a credit balance of Kshs 398,000/= while his minor son’s account had a credit balance of Ksh 52,000/= which sums added to a total of Ksh 450,000/ =. He further pleaded that on 27th June, 1994 when he went to withdraw his money from the aforesaid accounts he was dismayed to find that he could not withdraw the said amount or any part thereof as the accounts had been frozen by the branch manager. The appellant further pleaded that on 4th January, 1995 he was able to withdraw a sum of …

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