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GUARANTY TRUST BANK v. MOTUNRAYO-TOLULOPE ALEOGENA

(2019) JELR 92147 (CA)

Court of Appeal  •  CA/L/461/2016  •  1 Mar 2019  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; TOBI EBIOWEI JCA;

Judgement

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): In suit No LD/1697/12 at the lower Court being the Badagry Division of the Lagos High Court, the Claimant (Respondent in this appeal) sued the Defendant (Appellant in this appeal) for the sum of N15,000,000 as damages for breach of contract and for the cost of prosecution of the suit. The facts of the case at the lower Court are that the Claimant is a customer to the Defendant's bank. She operates the account in one of the Defendant's branches in Lagos. She obtained an ATM card from the Defendant bearing the sign of the Defendant Bank. It is a Masters Card No. 539983061482. She traveled to the United Kingdom in June 2012 for the purpose of giving birth to a baby. She used the ATM Card in a Barclays Bank Machine in Broadway Stratford London. She sought to withdraw 800 pounds on 26/7/12. Though her account was debited but the money was not released to her. She made a report on Exhibit CWA which is the copy of the dispute form. The …

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