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UNITED BANK FOR AFRICA PLC v. YARO BAKIYAWA YAHUZA

(2014) JELR 36350 (CA)

Court of Appeal  •  CA/K/253/2013  •  18 Aug 2014  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; ABDU ABOKI JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment of the Katsina State High Court in Suit No KTH/59/2011 delivered by Honourable Justice Sanisu Tukar on the 96 of April 2013.

The action before the lower Court was commenced by the Respondent, as plaintiff, against the Appellant, as defendant, and his claims were for the sum of N1,248,800.00 being the amount illegally withdrawn from his account with the Appellant, interest on the said sum at the rate of 10% from November, 2008 until full liquidation and costs of the action in the sum of N170,000.00.

The case of the Respondent before the lower court was that he was a customer of the Appellant in its Katsina Branch with a savings account No 1252120009296 and that on the 13th, 14th, 15th, 16th, 17th, 18th and 19th of November 2008, the sums of N380,400.00, N340,200.00, N180,900.00, N201,000.00, N201,000.00, N200,000.00 and N85,500.00 respectively were illegally withdrawn from his s…

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