KOSSEN (NIG.) LIMITED & ANOR V. SAVANNAH BANK OF NIG. LIMITED

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The plaintiff, now respondent, is a commercial bank with a branch office at No. 21 Murtala Mohammed Way, Jos. In 1984, when it was observed that the account books of the respondent's branch in Jos could not balance, the headquarters raised a task force of auditors and dispatched them to Jos on an assignment to reconcile the books of the respondent's branch there. At the end of the reconciliation a fraud was discovered involving the operation of customers accounts Nos. 2808 and 1664.

The matter was reported to the police.

Meanwhile, on 7th May, 1985, the respondent, as plaintiff, commenced proceedings in the Jos High Court against five defendants. The appellants, in this appeal, were the 2nd and 3rd defendants in the Suit. In the action the respondent claims the sum of N732.1 06.23 against the defendants jointly and severally being money had and received to the plaintiff's use. In the alternative the respondent claims from the five de…