UNITED BANK FOR AFRICA PLC V. MAGE LIMITED & ANOR

JUMMAI HANNATU SANKEY. J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the High Court of Justice Benue State in suit no. MHC/225/2010 delivered on 27th February, 2013 by Onum, J., wherein the learned trial Judge awarded Judgment in favour of the Respondents, (as plaintiffs) in their claim for certain declarations, orders and damages (as specified in their Statement of claim) against the Appellant (as Defendant).

Briefly, the facts of the case before the trial Court were as follows: The action was initiated by the Respondents at the Lower Court, against the Appellant, a Public Liability Company engaged in banking services in Nigeria, vide a Writ of summons issued on 13-07-10. By a statement of claim dated on the same date, they claimed as follows (in Paragraph 12 thereof):

(a) A declaration that at all times material to this suit, the 1st plaintiff was and remains a customer of the defendant bank.

(b) A declaration that a bank has a duty to issue period…