Bank - Customer Relationship

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INTRODUCTION “Bank” is defined under Section 2 of the Banking Act, Cap 488 Laws of Kenya, as a company which carries on, or proposes to carry on, banking business in Kenya but does not include the Central Bank. “Banking business” under the same section means - (a) the accepting from members of the public of money on deposit repayable on demand or at the expiry of a fixed period or after notice; (b) the accepting from members of the public of money on current account and payment on and acceptance of cheques; and (c) the employing of money held on deposit or on current account, or any part of the money, by lending, investment or in any other manner for the account and at the risk of the person so employing the money. The Banking Act does not define who a customer is. It is important, however, to understand who a bank customer is as there are instances where the existence of a bank-customer relationship will determine whether the bank owes a duty to the person in question. In the case of Warren Metals Ltd v Colonial Catering Co. Ltd [1975] 1 NZLR 273 (Supreme Court of New Zealand) McMullin J stated as follows at page 276: …A customer is someone who has an account with the bank or who is in such relationship with the bank that the relationship of a banker and customer exists, even though at that stage he has no account… Thus, a person who does not hold an account with the bank but receives other services from it such as financial advice, fund management et cetera is a customer of the bank. A person cannot, however, claim to be a customer of the bank when an account is opened in his name but without his authority. In Stoney Stanton Supplies (Coventry) Ltd v Midland Bank Ltd [1966] 2 Lloyd’s Rep 373, Court of Appeal, Lord Denning MR, relying on the 1925 case of Robinson v Midland Bank stated that: …Where a person opens an account in the name of another person

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