HERITAGE BANK LIMITED & P.A. ATUGO V. IFEANYI AJUGWO (CONSOLIDATED WITH SYDNEY OBI V. IFEANYI AJUGWO)

JUDGMENT

IBRAHIM MOHAMMED MUSA SAULAWA,JSC (Delivering the Leading Judgement): The present appeal is against the judgment of the Court of Appeal Enugu Judicial Division, delivered on July 5, 2011 in appeal No. C4/I/G6/Z006. By the said judgment, the Court below dismissed the Appellant's appeal and upheld the judgment of the trial Court.

BACKGROUND FACTS

The 1st Appellant was formerly known as African Continental Bank PLC. It later changed to Spring Bank PLC. The 2nd Appellant was the 1st Appellant's manager at the main Branch, old market Road, Onitsha.

The Respondent's father, Jerome Ajugwo (now deceased), was a business Trader under the name and style of Bobo Brothers. He was the Appellant's customer at the said Old Market Road Branch, Onitsha.

Sometime in 1976, one SB Maduakolam, Appellant's customer at the said Old Market Road Branch, Onitsha, took an overdraft of N10,000.00 (Ten Thousand Naira) from the Appellant. The Respondent's father gave his landed property No. 2 Anambra State…