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UNITED BANK FOR AFRICA LIMITED & ANOR v. ROSE FRANCIS LOUIS

(1994) JELR 41805 (CA)

Court of Appeal  •  CA/E/81/90  •  16 Mar 1994  •  Nigeria

Coram
AKINTOLA OLUFEMI EJIWUNMI JCA; NIKI TOBI JCA; DALHATU ADAMU JCA;

Judgement

EJIWUNMI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of O. Ita, J. sitting at the High Court of Calabar in the Calabar Judicial Division of Cross River State. In that judgment, the claim upon the writ of summons taken out against the defendants jointly and severally was as follows:

"1. The plaintiff is and was at all material times a customer of the defendant Bank and operates savings account No. 2669 at the defendant's Calabar Road Branch. Calabar within the jurisdiction of this Honourable court.

2. On the 25th day of July, 1986, the plaintiff duly completed all normal withdrawal formalities for the purpose and intent of withdrawing the sum of N 16,000.00 (Sixteen Thousand Naira) from her said account, but the defendant wrongfully and in breach of contract refused demands and despite further, the fact that her aforesaid account was fully in credit.

3. Further, the defendants in breach of their duty of secrecy as bankers and in breach of their fiduc…

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