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ALHAJI M.K. v. FIRST BANK OF NIGERIA PLC & ANOR

(2011) JELR 33402 (CA)

Court of Appeal  •  CA/K/150/2009  •  31 May 2011  •  Nigeria

Coram
T.N. ORJI-ABADUA JCA; J.T. TUR JCA; OBANDE OGBUINYA JCA;

Judgement

OBANDE OGBUINYA, J.C.A.(Delivering the Leading Judgment): Sometime in 2005, precisely on 09/11/2005, the appellant' as a plaintiff, via a writ of summons, instituted an action, which led to this appeal, in suit No. K/657/2005, against the respondents, in the High court of Kano State presided over by Hon. Justice P.A. Mahmoud. The said trial court delivered its judgment on 30/03/2009.

The facts of the case, as can be gleaned from the processes filed by both parties, are simple. The appellant was an employee of the first respondent bank, one of the customers of the first respondent, Alin Baffa and Sons Limited, alleged against the appellant that he made several unauthorized withdrawals, running into huge sums of money, from its account with the first respondent. It also alleged that those withdrawals were made without cheques, or any written instruments, and that caused the first respondent to refund over N25M Naira to the company customer.

Following those allegations, an investigativeā€¦

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