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AFRICAN CONTINENTAL BANK PLC. V. HASTON (NIGERIA) LIMITED

(1997) JELR 45428 (CA)

Court of Appeal  •  CA/E/144/96  •  18 Jun 1997  •  Nigeria

Coram
OKAY ACHIKE JCA; AKINTOLA OLUFEMI EJIWUNMI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Judgement

ACHIKE, J.C.A.: Delivering the Leading Judgment: The plaintiff a private limited liability company operates, at all material times, a current account with the defendant bank at Calabar. Plaintiff's case is, that as customer of defendant bank, and by means of certain forged cheques, its account was fraudulently debited with a total sum of N212.700.00. As a result of the defendant's negligence, the plaintiff suffered in its trade and business and also injured as to its credit and has been unable to pay its creditors. Whereof the plaintiff claimed against the defendant as follows:

"(1) The Defendant is in breach of her duty to the Plaintiff by refusing to make available to her, her STATEMENT OF ACCOUNT and copies of the cheques and instruments drawn on the Account as demanded.

(2) The Defendant is in breach of her duty to the prevailing interest rate of 54% per annum from the date of withdrawal until judgment.

(3) N5 million being damages for breach of contract, negligence and loss of …

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