POLARIS BANK LTD V. VITAL VETS NIG LTD

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgement of the High Court of Benue State, Makurdi Division (the trial Court) delivered on 5/2/2009 in suit No. MHC/50/2005. In the judgment, the trial Court awarded the sum of N2,000,000.00 in favour of the respondent against the appellant for an unauthorized withdrawal from its account with the appellant.

The facts of the case leading to this appeal as pleaded by the respondent are, in precise, that it established an account with the Makurdi branch of the appellant. The sole signatory to the account is/was Mr. Christopher Owhe, its Managing Director, who paid the sum of N3, 025,500.00 into the account. On 22/8/2002, the respondent issued a cheque for the sum of N550,000.00 to be drawn on the said account but it was returned unpaid.

​Upon requesting and receiving its statement of account, it discovered three instances of unauthorised transfers from the account totaling N3,005,000:00. The appellant …