The plaintiff and defendant entered into a banking contract on 02.08.2012 the former having opened at the latter’s Kariakoo Branch two accounts. The account opening forms contained all instructions for the operation of the accounts and specimen signatures for the plaintiff were filled. Save for one person the plaintiff did not authorize any other person to sign cheques or withdraw money. According to PW1, under the banking contract, the defendant had the duty of exercising care to make sure that the plaintiff’s money deposited would be safe and withdrawn or transferred in the manner prescribed in the banking contract. PW1 recounted that on several dates and without any authorization whatsoever from the plaintiff, the defendant debited several money transfers on the plaintiffs account. In the premises, PW1 claimed that the defendant has committed gross negligence to the extent of causing loss to her to the tune of Tshs. 250,000,000/=. The plaintiff also claimed Tshs. 73,980,000/= being the expected profit from which the money transferred would have earned from investment. The defendant refuted all the claims of the plaintiff contending further that the plaintiff has not proved his case to the required standard.

