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MR. FOLORUNSHO OGBOJA v. ACCESS BANK PLC

(2015) JELR 44227 (CA)

Court of Appeal  •  CA/AK/38/2013  •  18 May 2015  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Ondo State sitting in Akure delivered on the 5th December, 2012 wherein it entered Judgment against the Plaintiff and in favour of the Defendant/Counter Claimant in terms of the Defendant's counter claim. Appellant herein was the Plaintiff/Defendant at the court below.

The Appellant was a customer of the respondent Commercial Bank who duly applied for overdraft facilities from the Respondent, completed the acceptance forms though the forms had modifications from the previous ones, but they were in any case signed Appellant paid all the principal sums and interest as in the signed forms of agreement; but defaulted on the principal facilities and interest for a whole year in respect of the renewed facility on the ground that it was fraudulently signed/induced as he was not brought into the picture of the changed conditions on terms thereof. The Debt mo…

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