GUARANTY TRUST BANK, PLC V. NANTOK PAUL DASHUWAR

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Plateau State High Court delivered on 19th day of July, 2018 by Hon. Justice N.L. Musa in Suit No. PLD/J134/2017.

The Respondent as plaintiff commenced an action before the Plateau State High Court, Jos Judicial Division (hereinafter referred to as ‘lower Court’) on the 1st day of March, 2019, via a Writ of Summons against the Appellant (as defendant) seeking the following reliefs:

1. A DECLARATION that the unauthorized debiting of the account of the plaintiff by the defendant and/or its agents on the 2nd December, 2016 is a breach of the defendant’s duty of care over the plaintiff’s account and therefore amounted to negligence on the part of the defendant.

2. AN ORDER COMPELLING the defendant to pay the plaintiff the sum of N109,000.00 (One Hundred and Nine Thousand Naira) unlawfully debited from the account of the plaintiff without his prior authority and consent.

3. AN ORDER COM…