ECOBANK NIGERIA PLC V. CHIEF GODWIN IDOGHO & ORS

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This Appeal emanated from the judgment of Hon. Justice C.E. Achilefu of the High Court of Delta State, sitting at High Court No. 3 Warri, delivered on the 10th day of June, 2014. The Appellant who was the 1st Defendant was dissatisfied with the said judgment and filed a Notice of Appeal on 4/8/2014 raising the following grounds of appeal. The grounds of Appeal shorn of their particulars are reproduced below:

GROUND ONE:

The learned trial judge erred in law when he held that the Appellant breached the duty of care it owed to the 1st and 2nd Respondent.

GROUND TWO:

The learned trial judge misdirected himself as to facts when he held that the Appellant agreed to the 1st and 2nd Respondents assertion that the sum of ₦6,809,233.88 (Six Million, Eight Hundred and Nine Thousand, Two Hundred and Thirty Three Naira, Eighty Eight kobo was paid by NDIC into the 1st and 2nd Respondents account.

GROUND THREE:

The learned trial judge erred in la…