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 …