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Meru businessman takes Equity Bank to court over 'loss of Sh90,000'

EASTERN
By WAINAINA NDUNG'U | June 3rd 2016

A Meru businessman has sued a bank over alleged loss of funds deposited in his mobile money account at the financial institution.

Anthony Muriungi Kajuju has taken Equity Bank to court over alleged loss of Sh90,000 held in his account at the bank linked to 'Equitel Eazzy-Money'.

His case application, under a certificate of urgency, comes up for hearing on June 14 before Chief Magistrate Lucy Ambasi, after the bank on Tuesday asked for time to file its defence.

Muriungi, through lawyer Kiogora Mugambi, claims that Equitel fraudulently reversed a transaction of Sh90,000 from his account leaving it in the negative of Sh75,441.58.

The money in contention, according to papers filed in court last week, was deposited in his account on April 23 through a mobile money transfer and confirmed by a message sent to his phone.

Muriungi claims that the deposit was in honour of a business transaction with his customer and he should be awarded special damages of the amount involved, general damages for breach of contract, costs and interest of the suit, loss of income and punitive damages for libel.

The businessman claims that when he went to clear a maternity hospital bill to discharge his wife in Nairobi on April 24, the mobile phone account failed to honour his transaction on the grounds that he had insufficient funds in the account.

When he visited the bank's headquarters to find out why the transaction was not honoured, he alleges that he was informed that the Sh90,000 transaction had been reversed.

He is seeking a court declaration that the bank breached customer-bank contract occasioning him great loss and damage.

Muriungi also claims that by reversing the transaction, the bank illegally withdrew his cash, accessed his account without his consent, failed to safeguard his money, refused to protect his right and worked with its staff to withdraw his money.

He additionally claims that the bank fraudulently mismanaged his funds and failed to inhibit fraudsters from accessing his money.

He is also seeking a declaration that by proclaiming his account to be in the negative, the bank defamed him by declaring him not to be in a position to meet his financial obligations.

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