JUDGMENT OF THE COURT
This is an an appeal from an interlocutory application made in H.C.C.C. No. 605 of 2003 filed at the High Court at Nairobi by Winfred Wambui Kingori (the appellant). In the original suit the appellant named as defendants the 1st respondent, Paramount Universal Bank Limited, the 2nd respondent George Irungu Wachira, the 3rd respondent David Swao and there were also other defendants who are not party to this appeal being the Commissioner of Lands and the Attorney General.
The 2nd and 3rd respondents came into the suit later when the plaint was amended.
The 1st respondent delivered a defence denying the claim.
The relationship between the appellant and the 1st respondent was that of banker and customer. The appellant maintained an account with the 1st respondent and it was alleged in the amended plaint that she was in the business of trading of imported second hand clothes at Gikomba market in Nairobi. The appellant applied for a loan from the 1st respondent for Kshs.6,…