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ORIENT PHOTO NIGERIA LTD V. ECO BANK PLC

(2018) JELR 38899 (CA)

Court of Appeal  •  CA/E/411/2013  •  8 Jun 2018  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Appearances
S. M. Nwosu For Appellant Emeka Mozie For Respondent

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant was a customer of Gamji Bank of Nigeria Plc which went through some organizational changes since the commencement of the case in 1997 and has now ended up under the umbrella of ECO BANK PLC, the respondent in this appeal. The appellant applied for and was granted an overdraft facility of ₦2m in 1994 which was increased to ₦7million in 1996. According to the appellant the respondent unilaterally debited its account with arbitrary and excessive charges which were not provided for by the Bankers Tariff. When the respondent ignored the written complaints and protests of the appellant about the debits, the services of Business Adjusters Nigeria Limited was retained to look into the established financial statutory regulations and Central Bank of Nigeria Guidelines on bank customer account relationship. The company submitted its report. The appellant also engaged the services of Dr. Anene Nwokolo and Co, …

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