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ACCESS BANK PLC v. MRS. ADERONKE FOLASHADE SIJUWADE

(2016) JELR 37043 (CA)

Court of Appeal  •  CA/AK/1/2013  •  11 Mar 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA MOHAMMED AMBI-USI DANJUMA JCA JAMES SHEHU ABIRIYI JCA

Judgement


MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the default Judgment of Hon. Justice A.A. Aderibigbe of Osun State High Court sitting at Osogbo, delivered on the 29th day of October, 2010 in favour of the Claimant/Respondent.

The claim, of the plaintiff/respondent at the trial Court against the Appellant was for the following as per his statement of claim dated 13/01/2010:

(A) Declaration that the Defendant owes a duty of care to all her customers to whom Master Cards and Visa cards were issued (inclusive of the claimant herein) to allow such customers access to the funds in their accounts at all times unless the were not in credit.

(B) Declaration that the Defendant was negligent and in breach of her duty of care as a banker to the claimant in failing or omitting to ensure that the Master Card issued to the claimant in furtherance of Account Number 0125250000000376 and Visa card for Account Number 01251780000000100 were functional and…

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