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UNITED BANK FOR AFRICA PLC v.MRS. MARY ALEX OSOK

(2016) JELR 37117 (CA)

Court of Appeal  •  CA/C/116/2014  •  8 Feb 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

PAUL OBI ELECHI J.C.A. (Delivering the Leading Judgment):

This is an appeal against the Judgment of the High Court of Cross River State, Holden at Ikom and delivered by His Lordship Hon. Justice B. T. Ebuta on the 17th day of January, 2014.

STATEMENT OF FACTS

2.1 "The story of the Respondent is that she opened a current account with the Defendant on the 10th day of July, 2007 into which a cheque valued N4,005,000.00 was lodge on her behalf by one Mr. Ateke. The money was the value of land leased to MTN NIG. Communications Ltd for the purpose building a mast.

2.2 She claimed that her Account Officer detached 8 Leave of the cheque book issued to her by the Defendant and that she was told that the Leaves were detached during the proceeding of her account and that there was no course for alarm. She, however, listed nine detached cheque Leaves in paragraph 6 of the Amended Statement of Claim including cheque leaf No. 82514006.

2.3 The Respondent who claimed to be an illiterate averred that aft…

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