Introduction

[1] This is an appeal from the decision of the learned judge of the High COURT at Kuala Lumpur allowing the respondents' claims for RM275,000.00 with costs.

[2] Having heard and carefully considered the submissions of the respective parties, we allowed the appeal in part.

[3] We now set out the reasons for our decisions.

[4] for convenience, the parties will be referred to as they were in the High COURT. Accordingly, in this judgment, the appellant, CIMB Islamic Bank Berhad, is referred to as "the defendant" and the respondents, Mohd Saufi Taib, Surya Putra Mohamed Taulan & Mohd Syairusrohan Md Sehan, are referred to as "the plaintiffs".

Facts

[5] The facts which give rise to this appeal are not much in dispute and can be shortly stated as follows:-

(a) The plaintiffs are the partners of a firm of solicitors, M/s Saufi, Putra & Associates.

(b) The defendant is a public company which carry out the banking business and has a branch at Block 8, Kompleks Pejabat Kerajaan, Jalan Duta, Kuala Lumpur.

(c) The plaintiffs are the defendants' customers of which they maintained a Current Account No 1418- 0000022-10-2 ("the said account"). The said account is a client