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P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is an appeal by the Defendant Bank against the Judgment of the Court of Appeal, Lagos Division, delivered on the 13th Day of June, 1985. For reasons which will become obvious later in this judgment, it is not necessary to go into the details of the facts: only as much of the facts as would make this judgment intelligible need to be recounted.
The Plaintiff, Alhaja Bisi Edionseri, filed an action in a Lagos High Court claiming a declaration that the Defendant was not entitled to debit her account with the values of different cheques amounting to the sum of N550,000.00; an order directing the Defendant to pay the said sum into the Plaintiffs current account with the Defendant and damages for breach of contract. As the Defendant did not file any defence within time after entering an appearance, the Plaintiff applied for judgment in default of defence under Order 24 Rule 11 of the High Court of Lagos (Civil Procedure) Rules, …