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UNITED BANK OF AFRICA PLC v. IBEH ESTHER OGOCHUKWU

(2014) JELR 36135 (CA)

Court of Appeal  •  CA/L/651/2011  •  16 Dec 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

ABIMBOLA OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Lagos State High Court delivered on 13th January 2010, by Justice Ishola.

The suit in the lower court was commenced by a writ of summon whereas the Claimant/Respondent claimed inter alia;

"An order mandating the Defendant /Appellant to restitute to the Claimant/ Respondent's account, the sum of N870,000 (Eight Hundred and Seventy thousand Naira) being the outstanding balance of N1.1m stolen or dishonesty appropriated from the Claimant/Respondent's account by the account officer."

The court after trial delivered judgment in favour of the Claimant/Respondent.

The fact of the case which flows from a customer /bank issues was that:

The Respondent was a savings account customer of the Appellant bank. On 20th March, 2002 she entered the Alaba Int'l Market branch of the Appellant to check her balance. There one Wale Ogundeinde, a staff of the bank talked her into off-loading his …

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