Onjallah v Kenya Commercial Bank Ltd (Civil Appeal 259 of 2001) [2004] KECA 146 (KLR) (9 July 2004) (Judgment)
- Court
- Court of Appeal
- Case number
- 146
- Citation
- [2004] KECA 146 (KLR)
- Decided
- 9 July 2004
The appeal is allowed, and the judgment of the High Court is set aside. The appellant is awarded Kshs 402,151.85 together with interest thereon.
Facts
Lazarus Masayi Onjallah, the appellant, was a customer of Kenya Commercial Bank at Mumias Branch. He maintained two interest-earning accounts, one in his name and one in his minor son's name. On 27th June, 1994, his accounts were frozen, and he was unable to withdraw the money. He claimed the sum of Kshs 450,000/= together with all accrued interest.
Issues
- Whether the freezing of the appellant's accounts was unlawful and without justication.
- Whether the appellant was entitled to the sum of Kshs 450,000/= and accrued interest.
Reasoning
The court found that the money in the appellant's accounts was erroneously deposited and refunded to the employer. The respondent bank was in breach of its contractual obligation to pay out any deposit to the customer or to his order.
Outcome
Appeal allowed
Orders
- Judgment for the appellant in the sum of Kshs 402,151.85 together with interest thereon from the date of filing suit until payment in full.
Loading judgment…