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JIGNA FARMS LIMITED v. UNION BANK OF NIGERIA PLC

(2016) JELR 36988 (CA)

Court of Appeal  •  CA/A/500/2013  •  21 Mar 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TANI YUSUF HASSAN JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, holden at Abuja, ('the trial Court" for short) in Suit No. FCT/HC/CV/773/10 delivered on 6/5/2013. In the judgment the trial Court dismissed the appellant's claim against the respondent for "lack of evidential value."

Aggrieved by the judgment, the appellant has appealed to this Court by means of a notice of appeal which bears seven grounds of appeal.

It is pertinent to state some of the facts of the case leading to this appeal. The appellant has been operating an account with the respondent's Maitama Branch (Initially as Broad Bank Nigeria Ltd) since 2004. On 22/10/2009, the appellant received an SMS alert of a credit balance of N2,436,487:00 in its said account On the same date, the appellant issued two cheques totalling N2,390,000:00 to its suppliers.

The cheques were returned paid (with the endorsement "DAR"??).

The appellant sued the res…

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