GALADIMA, JCA.: (Delivering the Leading Judgment) The 1st Respondent, as the plaintiff, had instituted an action in the lower court in suit No. LD/677/91 claiming the sum of N250,000 jointly and severally against the 2nd - 4th Respondents and the Appellant herein, who were the 1st - 4th Defendants in the suit.
The claim of the 1st Respondent is that the Defendants had been grossly negligent in the drawing, issuance, acceptance and handling of 4th Respondent’s cheque No. 447756, thereby affording the fraudulent withdrawal (through Appellant’s Current Account No. 018369) of the amount on the Cheque by an unauthorised person. The said current Account was at the material time maintained with the 3rd Respondent.
All the Defendants entered appearance and each filed a Statement of Defence denying any liability in negligence as alleged by the 1st respondent. Besides, the 3rd Respondent also filed a Notice, Claiming Contribution and/or indemnity from the Appellant in the event that the claim …