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GUARANTY TRUST BANK PLC V. MR. ADEYINKA AJIBOYE & MRS. OLABAMIBO ADEYINKA AJIBOYE

(2017) JELR 57766 (CA)

Court of Appeal  •  CA/IL/130/14  •  20 Feb 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA (Presided) HAMMA AKAWU BARKA JCA BOLOUKUROMO M. UGO JCA (Read the Lead Judgment)

Judgement

UGO JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Kwara State of 5 February 2014 in suit No KWS/6/2012, in which the learned trial judge, M.A. Folayan J., entered judgment for the respondents as per their claim and dismissed appellant’s counterclaim.

The respondents, who were claimants in that court and defendants to appellants’ counterclaim, are husband and wife. 1st respondent was a staff of the appellant’s bank at its Tanke Junction, llorin branch at all times relevant to the suit and was responsible for feeding its ATM machine with its funds. On 13 July 2009 while he was on duty, two officials of the appellant, one of which was DW1, Afolabi Habeeb Tolulope, came from its Regional Office in Ibadan and accused him of stealing appellant’s monies running to as much as N46,000,000 (forty-six million) entrusted to him for its Automated Teller Machines (ATM). They also informed him that they were instructed to take him to its said Regional …

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