AGBONMAGBE BANK LTD V. C.F.A.O.

BAIRAMIAN, J.S.C. (delivering the judgment of the Court): In this appeal the Agbonmagbe Bank Ltd. complains of the judgment given by Adedipe J., in the Lagos High Court Suit No. LD/344/1963 on 6th July, 1964 in favour of the C.F.A.O. for £9,865-4s-4d.

The C.F.A.O. had a customer by the name of Esther Abiola Amushan, who gave the company a number of cheques on the Agbonmagbe Bank’s Branch at Shagamu between the 7th August, 1957 and the 5th October, 1957 amounting to £10,197-8s-4d; the company handed the cheques to the Bank of West Africa Ltd., for collection, and this Bank sent them to the headquarters of the Agbonmagbe Bank at Ebute Metta, which returned the cheques dishonoured on the 10th October, 1957 in a bunch. The C.F.A.O. wrote to the Agbonmagbe Bank headquarters to complain that the delay of their Shagamu Branch in returning the cheques caused them loss for which the company held the Bank responsible, but received no reply. The C.F.A.O. sued Mrs Amushan and obtained judgment aga…