Co-operative Bank of Kenya Ltd v Isaac M’Rinjeu Mbaka [2020] KEHC 2905 (KLR)

Facts

The Respondent sued the Appellant for breach of contractual and fiduciary duty, alleging that the Appellant deducted Kshs.250,000 from his account without notice, causing embarrassment, suffering, loss, and ill health. The Appellant justified the deductions as within the terms of the loan agreement.

Issues

1. Whether the Appellant's actions to deduct Kshs.250,000 from the Respondent's account were legal and proper.
2. Whether the Appellant should have given notice before effecting the deductions and whether the reversal amounted to admission to wrong doing.
3. Whether the Respondent's case proved that the loss and damages suffered was caused by the Appellant.

Reasoning

The court re-evaluated the facts and evidence, noting that the Appellant's actions were not within the terms of the loan agreement and that the deductions were not legally justified.

Outcome

Affirmed the judgment of the trial court in favor of the Respondent.