Kingdom Bank dragged to court as client loses $9 000

In summons issued by Mr Nkosizile Chanza, he wants the bank to pay him $9 300 and also pay his costs of the suit at an attorney-client scale.

The bank through its lawyer, Mr Jonathan Tsvangirai, of Dube-Tachiona and Tsvangirai Legal Practitioners has already entered its plea in opposition to the law suit.

In his founding affidavit filed by his lawyer, Mr Sifelizwe Mguni, of R Ndlovu and Company, Mr Chanza says on 9 November 2011, he approached the bank and opened a cell card bank account.

He was given a bank card to use for the withdrawal of his money from the account.
Mr Chanza subsequently deposited $18 750 into his account.

On different occasions, Mr Chanza says he tried to access his money from the account using the card that had been issued to him, but failed as the card was invalid.

He reported the matter to the bank each time he had a problem and one of the bank workers would advise him that the card was still inactive and the employee would go to another office and come back with the money requested.

On 10 December last year, Mr Chanza went to withdraw some money from the bank using the card that was issued to him.

It was then discovered that the card was not linked to any account and he requested for a bank statement.

The statement indicated that $10 800 had been withdrawn from his account without his authority and knowledge.

After investigations it was discovered that one of the bank workers, Sandra Zikhali, had withdrawn the money and allegedly converted it to her own use.

“At all material time Plaintiff (Mr Chanza) dealt with defendant’s employees including Sandra Zikhali in the course of their employment. Plaintiff as a client of defendant entrusted his hard earned cash to defendant and as such expected utmost duty of care to be exercised by defendant on his money.

“Defendant as a bank is vicariously liable for the actions of its employees who steal clients’ money entrusted to it in the scope of their employment,” wrote Mr Chanza.

He says he tried to engage the bank but they have been very uncooperative which has resulted in him incurring unnecessary legal costs trying to recover his money.

Zikhali was early this year arraigned before the courts facing charges of fraud and was remanded out of custody on her own cognisance before her plea could be recorded but she absconded and is now on a warrant of arrest.

The warrant of arrest was issued on 30 April after her name had been called out thrice.

In its plea, the bank states that Mr Chanza was always notified about the withdrawals and that he had a duty to advise the bank whether the withdrawals were authorised or not.

They say Mr Chanza negligently failed to report such unsanctioned withdrawals to his detriment.

They contend that Zikhali is not an employee of the bank and was an independent contractor hired specifically to open cell card accounts.

The bank says it has no duty at law to pay Mr Chanza the sum claimed as it was not negligent in any way nor is it vicariously liable for actions of a third party.