JUDGMENT OF THE COURT
Introduction.
1. This matter has had a chequered history since it made its debut in the High Court 20 years ago. For 15 years until the Chief Justice intervened, it oscillated between several Judges of the High Court in Nairobi and Nakuru stations where it generated its own drama including several amendments to the pleadings, mysterious loss of evidential documents and some court proceedings. It was ultimately allocated to Mwera J. (as he then was) to hear and determine, and the learned Judge did so when he delivered his judgment on 19th May 2011. That is the decision that has given rise to the appeal before us.
2. It is a dispute between a bank (Trust Bank Ltd) and its customer, Said Abdallah Azubedi. The customer generally complains that the bank so negligently and fraudulently managed his account with it that it occasioned serious loss of large amounts of money. He sought to stop the bank from demanding the repayment of a loan advanced to him and the refund of su…