JUDGMENT
By a plaint dated 26th November 2004 and filed in court on 29th November 2004, the appellant sued the respondent seeking the following reliefs:
a) An order that an account be taken and the respondent be ordered to repay the appellant all sums paid as interest over and above 16.5% together with interest thereon:
b) In the alternative, judgment be entered in favour of the appellant against the respondent for the sum of Kshs.8,978,813.63 plus interest thereon at court rates
c) In the alternative, damages of Kshs.8,978,813.63 be awarded plus interest from 13th October, 2004 until payment in full for fraud and misrepresentation
d) The respondent be ordered to pay the appellant any sums that the respondent has collected and converted to its own use from the appellant’s account secretly or unlawfully or in breach of its fiduciary duties and contractual rights as well as interest thereon from the date of the debits
e) The respondent be ordered to pay interest on such sum found due from it …