JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): The Respondent, as customer of the Appellant bank sometime in 1994 paid the sum of N7,000,000.00 (Seven Million Naira) vide Habib Nigeria Bank Ltd cheque No 005/80/001/080/94 into its current account No 105 - 372022401 -28 with the Appellant. The Appellant accepted the cheque though it bore the inscription A/C RIMS FINANCE LTD instead of A/C SPRINGE FINANCE LTD. The said cheque was cleared and the money deposited in the Respondent's account. Thereafter, the Respondent made efforts to withdraw from the account but the Appellant failed to pay. This refusal to honour its cheques made the Respondent which was the plaintiff in the lower court to commence proceedings under the undefended list against the Appellant to recover the sum of N6,397,306.46 being the credit balance in its account as at July, 1994 after deducting their debit balance of N602,693.54.
The Appellant which was the defendant filed notice of intention to defend "u…